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(영문) 대구지방법원김천지원 2019.04.04 2018가단3669
소유권확인
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant is Kimcheon-si, Kimcheon-si, 194.

Reasons

1. Facts of recognition;

A. As to the instant land, the registration of ownership transfer was completed on May 17, 1940 on the ground of sale in D’s name.

B. On March 7, 1996, Kimcheon-si announced a non-owned real estate under Article 8 of the former State Property Act (amended by Act No. 6072 of Dec. 31, 1999) on the ground that the instant land was a Japanese name or an unknown property, and the registration of ownership transfer was completed as of June 23, 1997 by the Daegu District Court Decision No. 14060, Jun. 23, 1997, as to the instant land (hereinafter “the instant registration of ownership transfer”).

C. D is the name of E creative name, and E died on January 1, 1945, and the Plaintiff, who was his own, succeeded to the instant land owned by E solely.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. A claim for the confirmation of land ownership against the State regarding the legitimacy of a lawsuit for the confirmation of land ownership is a claim for the confirmation of land ownership which is filed against the State, and the land is unregistered and its registrant is unknown on the land cadastre or forest land cadastre, and there is a benefit in confirmation only in the case of special circumstances, such as the State's refusal of ownership by a third party who is a titleholder of registration or enrollment

(Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). We examine the instant case.

As seen earlier, the fact that the registration of ownership transfer was completed in the name of the defendant when the ownership transfer was completed in the name of the defendant, and as long as the defendant did not dispute that he or his heir was the owner of the instant land before the registration of ownership transfer was completed, the plaintiff is the heir of E after the registration of ownership transfer was completed.

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