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(영문) 대구지방법원 2017.12.15 2015가단128001
소유권이전등기
Text

1. The Defendant Republic of Korea confirms that the 2,608 square meters of Gyeongsan-si B was owned by Defendant A.

2. Defendant A shall be the Plaintiff.

Reasons

1. Determination on the claim against Defendant Republic of Korea

A. 1) The facts of recognition are as follows: B 2,608 square meters in Gyeongsan-si (hereinafter “instant land”).

(2) On April 1, 1914, the land of this case was indicated as being examined by C (C, Youngcheon-gun D (former Yongcheon-si E). The land of this case is currently unregistered. (2) The “F Repair Association” was established on August 25, 1925, and its name was changed into “F Land Improvement Association” and “F Farmland Improvement Association” and was merged into the Plaintiff on January 1, 200.

The F-Repair Cooperative incorporated the instant land into the base of “G reservoir” and completed the construction of G reservoir in around 1959, and changed the land category of the instant land into “maintenance” on August 21, 1961, and occupied the instant land as the base of G reservoir.

After the F-Repair Partnership was merged with the Plaintiff, the Plaintiff occupies the instant land as the base of G reservoir.

3) The Defendant A’s fleet C (H students, permanent address Youngcheon City I) is the same as C as C indicated in the land cadastre as Korea. Although no death report was filed, C is deemed to have already been dead before December 17, 2015, the filing date of the instant lawsuit, in light of the birth year, in view of the fact that there was no dispute (based on recognition), Party A’s entries in subparagraphs 1 through 4 (including the serial number), and the purport of the entire pleadings.

B. The defendant Republic of Korea asserts that there is no benefit of confirmation against the defendant Republic of Korea, since there is no benefit of confirmation as to the gain of confirmation 1, the owner of the land in this case’s land cadastre is vacant or the State does not assert ownership of the land in this case.

According to Article 65 of the Registration of Real Estate Act, a person registered as the first owner in the land cadastre, forest land cadastre or building register, his/her heir or other general successor may apply for registration of preservation of ownership of unregistered land, and any person who is unable to produce such certification shall prove his/her ownership by a final judgment.

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