logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.15 2018가단5072495
소유권확인
Text

1. It is confirmed that each/2 share of 1/2 of the area of 516 square meters in the Republic of Korea, Hongcheon-gun, Hongcheon-gun, Daejeon-gun, is owned by C

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The area of 516 square meters per annum (hereinafter “instant real estate”) prior to the Geumcheon-gun, Seocheon-gun, is unregistered real estate and indicated as the circumstance D on June 1, 1916 on the old land cadastre. However, personal information, such as the date of birth, address, etc., is not entirely indicated.

B. The above land cadastre stated that the ownership of 1/2 of the instant real estate was transferred to the Plaintiff on July 2, 1981 with respect to the remaining 1/2 shares on December 14, 1962.

The above land cadastre was transferred from the card-based land cadastre, and the land cadastre also became owned by E and the plaintiff in 1/2 shares as above.

C. On the other hand, E died, and there are C, F, G, and H with its inheritor, and the above inheritor, among the instant real estate, agreed on the division of inherited property, as C independently succeeds to the shares owned by E.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. The defendant's judgment as to the defense prior to the merits can specify the title holder of the land cadastre and his successor on the land cadastre of the instant real estate, and thus, there is no interest in confirmation of the instant lawsuit.

Where any person has been registered as an owner in the register or the land cadastre or the forest land cadastre, if he/she obtains a final and conclusive judgment that the relevant real estate is owned by the applicant for registration of preservation in a lawsuit against the nominal owner, he/she may apply for registration of preservation of ownership against the State. As such, a request for ownership confirmation against the State shall be limited to the cases where the relevant land is unregistered, its registrant is unknown or his/her identity is unknown on the land cadastre or the forest land cadastre or the forest land cadastre, and where there are special circumstances, such as the State continuously asserting ownership while denying ownership by a third party

arrow