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(영문) 제주지방법원 2019.01.08 2018가단212
소유권확인
Text

1. It is confirmed that the Plaintiff’s ownership of the B cemetery 99 square meters in Jeju-si, and the C cemetery 116 square meters in Jeju-si, Jeju-si.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. Jeju-si B cemetery No. 99 square meters (hereinafter “instant land”) is currently unregistered and indicated as D’s assessment on August 1, 1913 on the old land ledger and land cadastre, and there is only indication as E in the address column, and there is no accurate address or resident registration number to identify the name of the circumstance.

B. In Jeju-si, C cemetery 116 square meters (hereinafter “instant land”) is currently unregistered and indicated as D’s assessment on August 10, 1913 on the old land ledger and land cadastre. However, it is merely indicated as E in the address column, and there is no accurate address, resident registration number, etc. to identify the name of the situation.

C. The Plaintiff is a sole heir who transferred the F’s property to the grandchildren of F (F, G, Death on August 25, 1920, the legal domicile of the Plaintiff: H at Jeju).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 4-8, the purport of the whole pleadings

2. The assertion and judgment

A. The defendant's main defense of this case 1) The defendant's main defense of this case does not constitute a case where the identity of the registrant is unknown, or the defendant asserts that the ownership is the State. Thus, the defendant's defense of this case 1 and 2 does not have any interest in confirmation of the lawsuit of this case. 2) The claim for confirmation of the ownership of land against the judged state is no land and there is no interest in confirmation, and there is no interest in confirmation in special circumstances, such as the State's refusal of ownership by a third party who is a registered titleholder, or by the State's refusal of ownership by a third party.

(see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 1995). As to this case’s health unit, unregistered land Nos. 1 and 2, the owner column on the old land register and land cadastre.

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