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(영문) 대구지방법원서부지원 2020.05.07 2019가단62199
소유권확인
Text

1. The defendant is that the 3,537 square meters of forest I forest land in Seongbuk-gun is owned by each of the plaintiffs' inheritance shares listed in the separate shares of inheritance.

Reasons

1. Basic facts

A. On December 11, 1913, K having an address in the Jdong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeong-gun, the unregistered land unregistered for the land (hereinafter “instant land”) received the assessment of the instant land on December 11, 1913, and K indicated that the address was changed to Ldong on July 15, 1914, and the parcel number among the addresses was not indicated.

B. On June 2, 1915, the Plaintiff’s line N (N, hereinafter “N”) who had a permanent domicile in Gyeong-gun M, Sung-gun, N (hereinafter “the deceased”). The Deceased died on March 14, 1956, and the heir, jointly inherited the Plaintiffs’ share in the shares in the separate shares of inheritance.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 6, and the purport of whole pleadings

2. The allegations and judgment of the parties

A. 1) Whether there exists interest in confirmation can be seen as a claim for confirmation of land ownership against the State. The claim for confirmation of land ownership is unregistered and the land is not known as the registrant on the land cadastre or the forest land cadastre, and there is interest in confirmation only when there are special circumstances, such as the State continuously denying the ownership by a third party who is the titleholder of the registration (see, e.g., Supreme Court Decisions 92Da24899, Sept. 14, 1993; 95Da14817, Jul. 25, 1995). As seen earlier, in light of the above legal principles, the land cadastre of this case, which is unregistered land, is "K" but its address is not indicated, and the land cadastre alone cannot be identified as the registrant of the land, and the defendant and the deceased who is the heir of this case dispute whether the deceased are the same person.

B. Determination 1 on the merits A, Nos. 1, 2, 9, and 9.

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