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(영문) 대구지방법원 2020.05.14 2019나313822
소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The instant land is indicated as having received the assessment on November 16, 191 of the former land cadastre (No. 1-1 of the evidence No. 1) from D with a resident-affiliated C on November 16, 1912, and on the old land cadastre (No. 1-2 of the evidence No. 1-2), F with a resident-affiliated E with a resident of the Gyeongbuk-do on November 16, 1912 and B with a resident of G on October 1, 1946.

Current land cadastre (Evidence A 1) is written only when B acquired ownership on October 1, 1946.

B. The Plaintiff was born between the father H and the mother I on the transcript of the family register. The Plaintiff asserted that he was his father-B and was sentenced to the confirmation of paternity as follows, and all the judgments were finalized.

(1) On September 10, 2015, the Plaintiff was rendered a judgment that confirmed the existence of paternity.

(F) On November 18, 2015, 2015, the Daegu Family Court Decision 2015Ra1045 (No. 1045). The Plaintiff was rendered a judgment on November 18, 2015 on the existence of paternity

(G) Daegu Family Court 2015No. 4582). 【Plaintiff” was sentenced to a judgment of denial or existence of paternity on August 22, 2016.

(No. 2015ddan519). [Ground for recognition: Each entry in Gap's 1 through 9 and Eul's 1 (including each number)]

2. The Plaintiff’s claim for confirmation of land ownership against the State which is the gist of the Plaintiff’s assertion of the existence of benefit of confirmation is that the land is unregistered and the registrant is unknown on the land cadastre or the forest land cadastre or the forest land cadastre, and there is benefit of confirmation only in special circumstances, such as continuing to assert state ownership while denying the ownership by a third party who is the titleholder of the registration or the registration.

In addition, if part of the entry in the land cadastre is omitted, it is not possible to apply for registration of preservation of ownership by land cadastre because it is not known who is the registrant.

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