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(영문) 인천지방법원 2016.06.08 2015가단234540
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. In a case where the Plaintiff acquired ownership of real estate before the enforcement of the Civil Act, but did not register the acquisition within six years from its enforcement, such ownership is lost pursuant to Article 10 of the Addenda of the Civil Act (amended by Act No. 1668, Dec. 31, 1964) (amended by Act No. 1668, Mar. 12, 2009). The “C” registered as the owner on the land cadastre of the instant land (Yecheon-gu B road) acquired ownership of the instant land before the enforcement of the Civil Act, but the ownership of the instant land was lost pursuant to Article 10 of the Addenda of the Civil Act due to the failure to register the acquisition within six years from the enforcement date of the Civil Act, and the inheritor of C lost ownership of the instant land pursuant to Article 10 of the Addenda of the Civil Act. Since the Plaintiff acquired the instant land by prescription, C’s ownership of the instant land belongs to the Defendant.

2. Determination on the defense prior to the merits

A. The Defendant’s assertion is unregistered land that has not been registered as a preservation of ownership, and although the property registration ledger was registered as a state-owned land in the property registration ledger, the property registration ledger is not a public book that certifies the landowner, but a book to manage taxable objects. Since the land of this case is classified into a road and is registered as a user in the property registration ledger, it is merely a case where the State is registered in the property registration ledger, and thus, it is managed as non-taxation after being registered as a state-owned land in the property registration ledger. However, since the land of this case was transferred to the Defendant under the State Property Act, or the Defendant did not have acquired the land of this case, the owner of the land of this case cannot be deemed the Defendant. Rather, the land of this case is owned by C, which was registered as “C” in the owner column of its land cadastre on the first ground of February 1, 1925

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