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(영문) 대전지방법원천안지원 2020.11.26 2020가단103203
소유권확인
Text

1. The plaintiffs' lawsuit of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The real estate register concerning the real estate listed in the separate sheet (hereinafter “instant land”) is indicated as the “G” residing in the “F of ,000 won-gun,” which completed the registration of ownership transfer on September 25, 1979.

B. In addition, the old land cadastre on the instant land is registered as “G”, “H”, and “F” with the owner’s name as the ground for changing the “transfer of ownership on September 25, 1979.

C. Since around 2005, I, the Plaintiffs’ referred, paid property tax on the instant land, and died on November 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Gap evidence No. 4-2, 3, and 11, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The gist of the parties' assertion 1) The plaintiffs are the same as G, the owner of the land of this case, and the plaintiffs divide the land of this case into the plaintiffs' co-ownership (per one-five shares) through the agreement on division of inherited property. However, the defendant asserts that there is a benefit to seek confirmation of the plaintiffs' ownership of the land of this case against the defendant, since the defendant denies the identity of the owner of the land of this case and the deceased's decedent, and thus, the defendant asserts that there is a benefit to seek confirmation of the plaintiffs' ownership. 2) The defendant does not deny that the land of this case is owned by G, and therefore, the plaintiffs

B. Where a claim for confirmation of land ownership against one country is unregistered and there is no registered titleholder in the land cadastre or forest land cadastre or forest land cadastre, if the presumption of right is not recognized in the entry of the owner of the land cadastre or forest land cadastre for unregistered land, or if the State continues to deny the ownership of a third party that is registered or recorded.

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