(영문) 울산지방법원 2019.08.28 2019가단2338

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(영문) 울산지방법원 2019.08.28 2019가단2338

소유권확인

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The land cadastre B of Ulsan-gun, Ulsan-gun (hereinafter “instant land”) is an assessment of “C” on September 1, 1912 on its land cadastre, and the instant land is unregistered land until the day of closing argument in the instant case.

B. C (C, hereinafter referred to as “C”) is a place belonging to D (D, hereinafter the same shall apply) and became a “C” of Ulsan-gun C, Ulsan-gun, “C, as C and D and F (F) were integrated and G around 1928,” and became a “Ulsan-gun C, Ulsan-gun, 15 July 15, 1997,” following the change of administrative district.

C consists of H, I, J, Plaintiff Village and K Village, a natural village.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, part of Gap evidence No. 3, purport of the whole pleadings

2. Judgment on the defendant's main defense

A. 1) The Plaintiff asserted that the instant land was owned by the Plaintiff and has been managed by the Plaintiff as the Plaintiff’s possession, and that the Plaintiff sought confirmation against the Defendant as the owner of the instant land in order to complete the registration of ownership preservation, while the Plaintiff seeking to build a center for older persons on the ground of the instant land. 2) As to this, the Defendant asserts that the instant lawsuit seeking confirmation of the Plaintiff’s ownership of the instant land is unlawful as there is no benefit of confirmation, as there is no benefit of confirmation.

B. In a case where there is a person who has been registered as an owner on the registry or the land cadastre or the forest land cadastre with respect to one parcel of land, an application for registration of ownership preservation may be filed against the State when the State obtained a final and conclusive judgment confirming that the relevant real estate is owned by the applicant for registration of ownership preservation in a lawsuit against the nominal owner. As such, the claim for registration of ownership preservation against the State is unregistered, and the land is neither the registrant on the land cadastre or the forest land cadastre nor the identity of

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