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(영문) 대구지방법원안동지원 2019.05.15 2018가단23247
소유권확인
Text

1. With respect to 1,980 square meters and K 1,719 square meters before J in a permanent residence, each of the shares of 18/132 shall be the shares of Plaintiffs A, B, and C, respectively, and 13/132.

Reasons

1. Basic facts

A. L on October 10, 1976 (Preparation of October 10, 1976) land cadastre of 1,980 square meters and K 1,719 square meters (hereinafter “each of the instant lands”) before J in a permanent residence. L L L on the land cadastre (three years hereinafter “each of the instant lands”).

1. 25. Circumstances, M& 1934. (Fire 9 years);

3.10. It is stated that ownership has been transferred; and

B. On November 23, 1918, the plaintiffs' shipping line N (the permanent domicile of N and N: the permanent domicile of N and N: the permanent domicile of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the permanent resident of the

As the descendants of M, the inheritance shares of Plaintiffs A, B, and C are 18/132 respectively, and Plaintiffs D, E, F, G, H, and I are 13/132 respectively.

[Ground] Evidence Nos. 1 through 10, the purport of the whole pleadings

2. There is no registry of each land of this case as to the defendant's defense prior to the merits that there is no benefit of confirmation, and there is no address or date of birth on the land cadastre.

On April 28, 2019, the permanent registry office of the Daegu District Court rejected the above application for registration of ownership preservation on the ground that the plaintiffs were not the successors of M who obtained registration of ownership transfer from L on the land cadastre and were not the successors of L, the first owner, and thus, they were not entitled to apply for registration of ownership preservation.

According to the above, since it is difficult to find who is the nominal owner registered as the first owner merely with the descriptions of land cadastre of each of the instant lands, it is reasonable to view that the Plaintiffs asserted as the owners of each of the instant lands have legal interest in seeking confirmation of ownership of each of the instant lands against

The Defendant asserted that each of the instant lands in this case cannot be readily concluded as unregistered real estate when invoked the Supreme Court Decision 92Da43975 Decided August 24, 1993, but the land cadastre of each of the instant lands in this case cannot be determined as unregistered real estate. However, the former land cadastre rule ( April 25, 1914).

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