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(영문) 춘천지방법원 강릉지원 2017.01.18 2015가단7974
소유권확인
Text

1. The defendant confirms that each real estate listed in the separate sheet is owned by Nonparty B.

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

Reasons

1. The judgment of the Defendant on this safety defense is listed as Nonparty B as the owner on the land cadastre of each of the real estate listed in the separate sheet (hereinafter “instant real estate”). Since the Defendant did not dispute the owner of the instant land, the Plaintiff’s claim against the Defendant for confirmation of ownership against the Defendant is unlawful. Thus, the Plaintiff’s claim for confirmation of ownership against the Defendant is unlawful.

According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor is the owner in the land cadastre or the forest land cadastre by a certified copy of the land cadastre or the forest land cadastre register may apply for registration of ownership of the land, and a person who is not entitled to such certification by the register may apply for registration of ownership of the land by proving his/her ownership by a judgment. However, if the part omitted in the indication of owners on the land cadastre of unregistered land is not certain, the owner may not make registration of ownership of the land in the register, and there is a benefit to seek confirmation of his/her ownership of the land against the State for registration of ownership preservation

(See Supreme Court Decision 9Da34390 delivered on July 10, 2001, etc.). According to the purport of the health class, Gap evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1 as to this case, the real estate of this case is each unregistered real estate and its owner restoration registration was made in the name of Nonparty B on the land cadastre restored. Thus, it is reasonable to deem that the real estate of this case is owned by Nonparty B as its owner, barring any special circumstance.

However, since the land cadastre of the instant real estate does not state the address, resident registration number, etc. other than the name of Nonparty B, it cannot be specified as the owner on the land cadastre, the Plaintiff applied for the registration of ownership preservation in the name of Nonparty B by subrogation and applied for the completion of the prescriptive acquisition against Nonparty B.

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