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(영문) 창원지방법원밀양지원 2015.01.14 2014가단10931
소유권확인
Text

1. The defendant confirms 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. Basic facts

A. On June 10, 198, the Plaintiff was a temple located in Gyeongnam-gun B, who was founded in 1176, and registered as a traditional temple on June 10, 198.

B. Each land listed in the separate sheet is an unregistered land and written on April 20, 1912, stating that “A” was determined on the land cadastre.

C. On April 20, 1912, the land of 1,709 square meters in C, Si-Gun, Gyeongnam-gun, not Gyeongnam-do, was under the name of A, and was divided into 1,031 square meters in the name of April 30, 1939, E-road 674 square meters in the size of 3 square meters in F.D. on October 13, 1987, the land was divided into 576 square meters in the size of 1,031 square meters in D, G road 455 square meters in the size of 576 square meters in G road, and D 291 square meters in the size of 576 square meters in Korea on June 8, 198, and the Plaintiff was divided into 291 square meters in the name of H field 23 square meters in the name of 1,031 square meters in the name of the Plaintiff, and the Plaintiff did not complete the registration of preservation of ownership in the name of A.

[Reasons for Recognition] Each entry of Gap 1 through 8 (including paper numbers), the purport of the whole pleadings

2. In light of the above facts of recognition, it is reasonable to view that the Plaintiff was examined as the land owner in the separate sheet, and that the Plaintiff was the Plaintiff. Therefore, each land listed in the separate sheet shall be deemed as the Plaintiff’s ownership, and each land listed in the separate sheet shall be deemed as the case where each land listed in the separate sheet is unregistered and its registrant cannot be identified on the land cadastre, and thus, there is a benefit to confirm the claim

In this regard, the defendant argued that he/she acquired ownership by possession for at least 20 years in peace and performance with the intention to own each parcel of land listed in the attached list, but even if he/she satisfies the requirements for prescriptive acquisition of real estate, he/she shall complete the registration and acquire the ownership without registration.

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