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(영문) 대구지방법원의성지원 2017.08.16 2017가단10079
소유권확인
Text

1. Defendant A’s ground for prescriptive acquisition on January 4, 2017 regarding the real estate indicated in the attached list to the Plaintiff.

Reasons

1. As to Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. As to Defendant Republic of Korea

A. As to the judgment on this safety defense, the Plaintiff sought against the Defendant the ownership confirmation of the coupon on the real estate listed in the separate sheet (hereinafter “instant land”) on the real estate indicated in the separate sheet, and the Defendant asserts that there is no interest in confirmation.

A claim for confirmation of the ownership of land against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only when there are special circumstances, such as the State continuously denies the ownership of a third person who is a registered titleholder, and the State continues to assert the ownership.

The fact that the land in this case is unregistered is no dispute between the parties, and the land cadastre (Evidence A7 and 8) is only indicated as “A” and “B” with respect to the owner, and there is no further examination of the specific personal information. However, although the resident registration number column includes “C” in the resident registration number column, no data about the above resident registration number can be found as a result of each inquiry into the sexual group and D area. Thus, the above land cadastre alone cannot be seen as the identity of the registrant.

Therefore, this part of the lawsuit seeking confirmation of ownership of the land of this case against the defendant is the benefit of confirmation, and the defendant's defense is without merit.

(b) In the absence of counter-proof such as the change of the contents of the circumstances by the adjudication, the person registered as the owner of the land research division or the forest research division on the cause of the claim shall be presumed to have been determined as the owner of the land and the person who received the conditions of the land shall acquire the land at the original

The land cadastre B as seen earlier.

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