beta
Text
1. The part against the defendant in the judgment of the first instance is revoked.
2. The forest land area of 3,570 square meters in Ulsan-gun, Ulsan-gun.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the entries of Gap evidence 1-1 to 3 and the fact inquiry results with respect to Ulsan-gun of the first instance court, Ulsan-gu, Ulsan-si. The purport of the entire pleadings is as follows.
Ulsan-gun, Ulsan-gun, C Forest land of 3,570 square meters (hereinafter referred to as the “instant land”) is unregistered land.
B. In the forest land register of this case, only the Chinese name is indicated as “B” on November 15, 1918 as the situation was received, and there is no information to identify the above B, such as the date of birth, address, and permanent domicile of the said B.
C. We cannot identify who is the owner B in the forestry cadastral book of the instant land through the instant litigation procedures.
2. On the ground that the Plaintiff asserted that the land of this case was occupied by prescription and sought confirmation of ownership ownership of the above B in subrogation of the Defendant, the Defendant did not dispute that the land of this case was owned by B, and therefore, the lawsuit of this case did not have any benefit of confirmation.
The claim for confirmation of land ownership against the State is a benefit of confirmation when the land is unregistered and there is no registered titleholder or who is no registered titleholder in the land cadastre or the forest land register, even though the State does not dispute the ownership of the registered titleholder.
As seen earlier, if only the Chinese name of the owner B is written in the forest land register of this case, and no other personal information that can identify B is written, and even through the litigation procedure of this case, if the above B cannot be identified, the land of this case constitutes a time when the registrant cannot be identified, and thus, the land of this case was acquired by prescription.