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(영문) 대구지방법원서부지원 2020.08.27 2017가단57247
소유권확인
Text

The plaintiff's lawsuit against the defendant is dismissed.

The plaintiff's claim against the defendant A is dismissed.

Reasons

1. Facts of recognition;

A. The land cadastre prepared at the time of Japanese colonial rule with respect to the 1,031 square meters of the 1,031 square meters of the Gyeongbuk-gun, Gyeongbuk-gun, which is unregistered land (hereinafter “instant land”) was under the assessment of A on April 26, 1911. The address column does not contain any particular indication.

B. On March 31, 1987, the elderly group registered D reservoir in the Dari-ri, the elderly group, the elderly group, as farmland improvement facilities. On September 14, 1998, the elderly farmland improvement association transferred the above D reservoir and other repair facilities to the above D reservoir.

C. On January 1, 2000, an elderly farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation. On December 29, 2005, the name of the Korea Agricultural and Rural Community Corporation was changed to the name of the Korea Agricultural and Rural Community Corporation, and on December 29, 2008, the name was changed to the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 3 and 5 and the purport of the whole pleadings

2. On July 4, 1944, from around July 4, 1944, the Plaintiff’s assertion that the elderly group created a site for a small field in the neighboring land, including the instant land, and completed the D reservoir on December 31, 1945.

Since then, the elderly farmland improvement association, which is the overall transfer of the plaintiff, comprehensively succeeded to the rights and obligations of the land of this case from the elderly group, and even until now, the plaintiff occupies the land of this case in a peaceful manner with the intention of ownership over

Therefore, A, who is the title holder of the instant land, is obligated to implement the registration procedure for ownership transfer on the ground of the completion of the prescriptive acquisition by the date of filing the instant lawsuit against the Plaintiff.

In addition, since the registration of ownership transfer cannot be completed in the name of Defendant A because the land cadastre of this case, which is unregistered land, did not indicate the address of Defendant A, who is the assessment titleholder, and thus, the registration of ownership transfer cannot be completed in the name of the Plaintiff. Thus, the Plaintiff seeks confirmation against the Republic of Korea that the land of this case is owned by Defendant A in subrogation of the

3. Determination

(a) Defendant Korea;

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