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(영문) 청주지방법원 2015.10.15 2015가단106035
소유권확인
Text

1. It is confirmed that the plaintiffs own 1/3 shares of each of the 2,036 square meters of land before Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. According to the old land cadastre statement, on March 5, 1912, the 616 square meters (hereinafter “instant land”) prior to Jincheon-gun D, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, (the subsequent conversion of the area into 2,036 square meters, was changed to 2,036 square meters; hereinafter “the instant land”). On May 4, 1926, F, and May 4, 1926, the ownership transfer was registered in sequence with G, and on February 7, 1948, the ownership transfer was again registered with the I who had his domicile in Incheon H.

B. There is no registry on the instant land, and the address of E, the first assessment titleholder in the old land cadastre, is not indicated.

C. On April 6, 1958, the Plaintiff’s prior-party J died, and on the son’s inheritance, K succeeded to Australia, and on August 26, 201, K died on August 26, 201, and its heir is the Plaintiffs, their children.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8, 9 (including Serials), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. Since the Defendant is registered as E on the land cadastre of the instant land, the Plaintiffs asserted that there is no benefit to seek confirmation of ownership against the State, since the Plaintiffs may file a successive claim for registration of ownership transfer to E’s heir and make registration of ownership preservation based on it.

B. The registration of preservation of ownership of land may be applied only to a person registered as the first owner on the land cadastre or the forestry register, his/her heir, other general successor (Article 65 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership by a final judgment (Article 65 subparag. 2 of the Registration of Real Estate Act), and a person who proves that he/she acquired ownership by expropriation (Article 65 subparag. 3 of the same Act). As such, a person who has obtained the registration of transfer of ownership on the register cannot immediately apply for the registration of preservation in his/her own name. A person who has completed the registration of preservation in his/her name after completing the registration of preservation in the name of the first owner on the register or against the first owner (or

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