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(영문) 대전지방법원논산지원 2015.04.30 2014가단5046
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

A. The former land cadastre concerning B large 704 square meters (hereinafter “instant real estate”) at the time of Seosan, which is unregistered land, was registered as the assessment of the instant real estate on February 14, 1919 by “D,” the address of which is “C” (which appears to be C at the time of debate).

In addition, on August 31, 1991, the registration number of the owner was corrected on the above land cadastre. During that process, D's child whose permanent domicile is "Ma at the time of debate," and the F's resident registration number (G), which is the family head heir, was registered as the resident registration number of the owner of the above land cadastre H.

B. The F died on August 4, 2004, and his heir is the spouse, the Plaintiff (Appointed Party) and the designated parties indicated in the attached Table.

[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, and Eul evidence 3-2, and the plaintiff (appointed party)'s assertion to the purport of the whole pleadings, the real estate of this case was under the circumstances of the plaintiff (appointed party) and the designated parties in the attached list, and transferred 2/11 shares through H's family heir F. The plaintiff (appointed party) and the designated parties in the attached list were transferred to 2/11 shares. The plaintiff's resident registration number listed in the previous land cadastre of this case was under fact F's resident registration number, and H's address was registered only as "C", and the plaintiff (appointed party) and the designated parties in the attached list of the attached list did not make registration of preservation of ownership or registration of inheritance in their future.

Therefore, 8/11 shares of the instant real estate are owned by the Plaintiff (Appointed Party) and the designated parties indicated in the attached list.

The defendant's claim for confirmation of land ownership against one State is unregistered and the land is not known to the land cadastre, and the State continues to own the land while denying the ownership of a third party who is a registered titleholder.

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