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(영문) 제주지방법원 2021.03.29 2020가단69962
소유권확인
Text

1. It is confirmed that the Plaintiff’s oil is the Plaintiff’s oil at the Jeju-si B cemetery 298 square meters.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, and 2-1 and 4.

A. According to the land ledger on the B cemetery 298 square meters (hereinafter “instant land”) in Jeju-si, Jeju-si, the instant land is indicated as having received the assessment of D residing in Jeju-si, August 1, 1913.

B. The instant land is not registered for the preservation of ownership.

(c)

The plaintiff's pre-employed E is F's birth, the permanent domicile is "G at Jeju", and he was residing in the above address and died on August 26, 1945, and the head of E succeeded to E's property as the heir of Australia.

(d)

H A died on February 15, 1967, and on December 2, 1948, 1948, the South-North son died and the J succeeded to the rights and obligations of Australia’s heir.

E. On April 27, 1974, the J succeeded to the rights and obligations of the Australia as the heir of Australia by the Plaintiff, a South-North Korea.

2. Summary of the assertion of the party;

A. The Plaintiff’s assertion is unregistered land and the instant land was assessed, and D recorded in the land ledger is the same as E and the same person, which is the Plaintiff’s high tide.

Therefore, the Plaintiff, as the inheritor of Australia, is the owner of the instant land, and the Defendant is disputing the Plaintiff’s ownership, thus seeking confirmation of the Plaintiff’s ownership of the instant land against the Defendant.

B. The defendant's assertion that the land of this case is the defendant's lawsuit, so the plaintiff has no interest in seeking confirmation against the defendant.

3. The claim for the confirmation of land ownership against the State is unregistered and the land is unregistered, and it is impossible to determine whether the nominal owner exists or is the nominal owner in the land ledger or the forest ledger, and the State owns a third party in the name of the registry or the registered titleholder.

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