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(영문) 대구지방법원 2015.02.11 2014가단115954
소유권이전등기 등
Text

1. The plaintiff's action against the defendant is dismissed.

2. Defendant B is on the Plaintiff, Daegu Dong-gu C, 397 square meters.

Reasons

1. Determination on Defendant Republic of Korea’s main defense

A. Where a person has been registered as an owner on a registry or land cadastre with respect to a certain land, an application for registration of preservation of ownership may be filed in a lawsuit against the nominal owner when he/she obtains a final and conclusive judgment confirming that the relevant real estate is the ownership of the applicant for registration of preservation. As such, a claim for confirmation of ownership against the State against the State is unregistered and the land is not registered and its registrant is unknown or his/her identity is unknown, and there is a benefit in confirmation only when the State denies the ownership of a third party as the nominal owner of the registration or land and there are special

(See Supreme Court Decision 93Da58738 Decided December 2, 1994, and Supreme Court Decision 2010Da45944 Decided November 11, 2010, etc.) B.

The Plaintiff is seeking confirmation of D (E and last address: F in Daegu Dong-gu) from the owner on the land cadastre of Daegu Dong-gu 397 square meters (hereinafter “instant land”) against Defendant Republic of Korea.

However, as seen below 2-A, it is stated that D was the first circumstance on November 20, 1910 on the land cadastre of this case and did not indicate D’s address and date of birth on its land cadastre, but Defendant B’s permanent domicile was Daegu Dong-gu F, and there was no other person with the above H’s name. The Defendant Republic of Korea did not enter the land location and address in the Dong-gu registry if it had the same address as the address of the land owner at the time of the land survey project, and thus, the above procedure for registration is normal, and the Defendant Republic of Korea argued to the purport that it does not dispute as it is confirmed that D’s first owner of the land of this case was born and died on February 15, 194.

C. If so, this.

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