logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.02.22 2016가단5661
소유권확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

(b) the facts of the basis;

A. In the real estate register pertaining to the Gu-U.S. B Forest Nos. 4-4 (hereinafter “the instant forest”), the “A” residing in the U.S.-gun E is indicated as having completed the registration of preservation of ownership on July 10, 1970.

B. The forest land register on the instant forest land is written with the owner’s address as “E”, name as “A” and resident registration number as “F-1*****”.

In the Gu forest register, the name of the owner is indicated as “A,” while the owner’s address is indicated as “E” and the resident registration number is indicated as “F-F-F”.

C. The Plaintiff’s Chinese name and resident registration number are “A or D”, and the address and the legal domicile at the time of the registration of ownership preservation were “Gu Si c”.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 5 through 8 (including branch numbers), and the purport of the whole pleadings

2. As to the main defense as to the main claim among the lawsuit of this case

A. The Plaintiff asserted that the Plaintiff seeking confirmation of ownership of the forest of this case against the Defendant, on the grounds that the address and resident registration number entered in the real estate register and the forest register are not inconsistent with the Plaintiff’s address and resident registration number, even though the Plaintiff was the same person as the Plaintiff stated in the real estate register on the forest of this case. Accordingly, the Defendant asserted that the Plaintiff’s claim for confirmation of ownership is unlawful as there is no benefit of confirmation

B. Where a claim for confirmation of ownership of land against the State 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 land cadastre or forest land cadastre for unregistered land or forest land cadastre, and there are special circumstances, such as a State continuously asserting ownership by denying ownership of a third party registered or recorded.

arrow