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(영문) 서울중앙지방법원 2017.10.27 2016가단5291131
부동산소유권확인
Text

1. It is confirmed that the Plaintiff was owned with the area of 278 square meters per Dong-dong, Seoyang-gu, Manyang-si.

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

Reasons

1. Facts of recognition;

A. According to the land survey records and the land cadastre drafted during the Japanese colonial point period, C is indicated as being examined by the G around May 16, 1913, and the address and resident registration number of C is not indicated.

B. The above A.

The land in the port became 278 square meters (hereinafter referred to as the “instant real estate”) prior to Yongsan-gu, Seoyang-gu, Seoul Metropolitan City due to the conversion of the area and the change of the name of the administrative district.

C. On September 1, 1921, the Plaintiff’s fleet E died and succeeded to F, the Republic of Korea, and F was succeeded to by G on October 7, 1928. G died on May 22, 1991 and died on May 22, 1991 and jointly succeeded to I, J, the Plaintiff, K, and L, their spouse H and children. H died on October 4, 1995 and jointly succeeded to I, J, the Plaintiff, K, and L.

I, J, plaintiffs, K, and L agreed on the division of inherited property that the plaintiff would own inherited property on November 2016.

[Grounds for Recognition: The entries in Evidence A 1 to 11-6, the purport of the whole pleadings]

2. Determination on this safety defense

A. The instant lawsuit filed against the Defendant is unlawful as there is no benefit of confirmation, since C is written as its owner on the land cadastre as to the Defendant’s assertion, and it does not constitute a case where there is no registrant on the land cadastre or who is unknown.

B. (1) The claim for confirmation of land ownership 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 in special circumstances, such as where the State denies the ownership of a third party who is a registered titleholder, and the State continues to assert the ownership.

(2) According to the aforementioned facts, the real estate of this case is unregistered, and the owner of the instant real estate on the land survey register and land cadastre, according to the health stand and the aforementioned evidence. (2) According to the above evidence, the real estate of this case is unregistered and the real estate of this case is owned by the owner of the instant real estate on the land survey register and land cadastre.

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