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(영문) 대구지방법원의성지원 2016.07.20 2016가단10058
소유권이전등기
Text

1. Defendant Republic of Korea confirms that the 1,015 square meters of the Gyeong-gun B maintenance of Gyeongbuk-gun is owned by Defendant A.

2. Defendant A.

Reasons

1. As to the claim against the 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 the claim against the defendant in Korea

A. As to the Plaintiff’s determination of this safety defense against the Defendant Republic of Korea on the ownership of 1,015 square meters (hereinafter “instant land”), the Defendant’s Republic of Korea has 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.

In full view of the evidence Nos. 2 and 3 as a result of the fact-finding on the Ch Office, the land cadastre of this case is indicated as “A is subject to assessment on April 24, 1913,” but the address of A is merely indicated as “D,” and there is no other indication by which A’s personal information is known, and as a result of fact-finding on the Ch Office to which E (the name before the change on May 1, 198) belongs, it can be recognized that the identity of A cannot be confirmed. Thus, the land of this case constitutes the time when the registrant is unknown.

Therefore, this part of the lawsuit seeking the confirmation of ownership of the land in this case against the defendant Republic of Korea shall be deemed as a benefit of confirmation, and therefore, the defendant's main defense is without merit.

(b) A person registered as the owner in the Land Survey Division or the Forest Survey Division for the cause of the claim shall be deemed as the owner of the land unless there is any counter-proof such as the change in the contents of the situation by the adjudication.

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