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(영문) 인천지방법원 2018.10.10 2018가단226908
소유권확인
Text

1. It is confirmed that each land listed in the separate sheet is owned by the Plaintiff.

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

Reasons

1. Facts of recognition;

A. According to the land cadastre and land cadastre, each of the lands listed in the separate sheet (hereinafter collectively referred to as “instant land”), all of which was unregistered, and the land in this case was assessed on December 25, 1910, and the land in this case was transferred to C on May 6, 1913, in order to D on October 5, 1914.

B. Each owner of the instant land is “E” in its land cadastre, and each of the above land cadastre is indicated only in F, E’s Korean and Chinese name, and address and resident registration number are not indicated.

C. The Plaintiff’s attachment is D, Da, and Ma, and Ma, and the Plaintiff’s registry is the Plaintiff’s registry domicile and the domicile of the Plaintiff’s registry are Incheon-gun G, the unique flag number in the resident registration card is “H”, and the Plaintiff’s registry C and Mabu B are the Incheon-gun I.

On the other hand, E completed the registration of transfer of ownership on May 22, 1925 with respect to the land of 182 square meters adjacent to the land of this case, and the registration of transfer of ownership on August 8, 1922 with respect to the land of 9 square meters adjacent to the land of this case.

E. B, C, and D died on September 18, 1976, and after D died on September 18, 1976, the deceased’s inheritors agreed on the division of inherited property with the purport that “the instant land shall be divided into the entire Plaintiff’s ownership” around May 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 65 of the Registration of Real Estate Act regarding the cause of the claim, a person who proves that he/she or his/her predecessor was the owner in the land cadastre or forest land cadastre by a certified copy of the land cadastre or forest land cadastre register may apply for registration of preservation of ownership of the land. A person who is not entitled to such certification by the register is entitled to apply for registration of preservation of ownership by proving his/her ownership by means of a judgment. However, there is some omission in the indication of the owner on the

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