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(영문) 창원지방법원마산지원 2016.08.19 2016가단6623
토지소유권확인
Text

1. It is confirmed that each real estate 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. The land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “land No. 1”) was divided into 376 square meters on October 20, 1986. The land cadastre of the above mother’s land is written that C and D transferred its ownership to “E and F” on July 1, 1913, and the land No. 1 is currently unregistered.

B. On December 29, 1972, the land indicated in paragraph (2) of the attached Table No. 2 (hereinafter “Attachment No. 2”), along with the land No. 1, was divided into 132 square meters in Haan-gun, Haan-gun, Haan-gun on December 29, 1972. The land cadastre of the above mother-land was assessed on July 1, 1913, and H (the name so confirmed is recognizable) transferred its ownership to E and F on March 10, 1930, and the land No. 2 was registered in the name “E and F” on May 18, 1962.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 3 through 11, and purport of the whole pleadings

2. As to the lawsuit of this case seeking confirmation of the ownership of the plaintiff's each real estate in the judgment on the previous defense of this case, the defendant submitted to the competent registry office for the first land to certify that the plaintiff's clan, F, and E are the same person, and the registration of transfer in the name of the plaintiff's first owner, C, and D was made, and the second land can be registered for change of name by submitting a document proving that the plaintiff's clan, F, and E are the same person, and therefore, the lawsuit of this case against the defendant who is the state is unlawful because there is no benefit of confirmation.

However, according to the evidence evidence No. 4, it is recognized that only the name of C and D, the initial owner, is entered in the land cadastre of the land No. 1, and that there is no other personal information to specify the owner, such as address and date of birth, etc. Thus, the land No. 1, the unregistered real estate, is on the register.

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