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(영문) 대구지방법원 의성지원 2018.07.25 2018가단10274
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Each of the instant lands is the land that I was under the circumstances of February 5, 1913, and is currently unregistered, and the former land cadastre is written by J Dong-dong in the owner column and the address column respectively.

B. As I died on July 3, 1945, K, Australia, as Australia, became the sole heir of each of the instant lands, and as K died on February 1, 1968, D, E, F, G, and H (hereinafter “D, etc.”) inherited each of the instant lands by inheritance shares, such as the attached sheet.

[Ground of recognition] The fact that there is no dispute, each entry of Gap Nos. 1-3 (including each number), and the purport of whole pleading

2. Determination on the defense prior to the merits

A. In the event that an unregistered owner’s address is omitted as in the instant land as in the Defendant’s assertion, the owner or his heir at the time of the assessment registered on the land cadastre under the Cadastral Service Management Regulations may file an application for registration of ownership preservation by inheritance after registering the omitted part of the landowner’s address in the cadastral record after going through the process of registration of address in the cadastral

Therefore, the plaintiff's lawsuit of this case is unlawful because there is no benefit of confirmation.

B. A claim for confirmation of land ownership against the State is unregistered and is not known to the registrant on the land cadastre or forestry register, and there is a benefit of confirmation in special circumstances, such as where the State denies the ownership of a third party who is a registered titleholder, and the State continues to assert the ownership of the State.

(See Supreme Court Decision 94Da27649 delivered on September 15, 1995, etc.). Article 2 of the Work Guidelines with respect to applicants for registration of preservation of ownership of unregistered land (see, e.g., Supreme Court Decision 1174) provides for “an applicant who is determined by Article 130 subparag. 1 and subparag. 1 of Article 131 of the Land Techniques and is entitled to apply for registration of preservation of ownership in his/her own name by a certified copy of the register,” and is registered as the first owner by himself/herself or

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