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(영문) 창원지방법원밀양지원 2015.10.14 2015가단1804
소유권확인
Text

1. The defendant is the heir of net C (C and d in a certified copy of the family register): 2/14 shares, among B forest land No. 1,686 square meters in Yangyang-si.

Reasons

1. Facts of recognition;

A. On December 1, 1917, B forest land B 1,686 square meters (hereinafter “instant land”) was assessed as the State on December 1, 1917, and was transferred to F with his domicile in E on April 13, 193, and entered in the forestry register.

B. On November 11, 1955, the Plaintiff’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 6 (including paper numbers) and the purport of the whole pleadings

2. A claim for the confirmation of land ownership against the country of judgment is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation in special circumstances, such as continuing to assert State ownership while the State denies the ownership of a third person who is a registered titleholder.

In light of Article 130 of the Registration of Real Estate Act (see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 1995) and Article 130 of the Registration of Real Estate Act, if it cannot be proved by a certified copy of land cadastre or a certified copy of the forestry register that the ownership of the real estate is the owner, registration of preservation of ownership shall be conducted

(See Supreme Court Decisions 9Da34390 delivered on July 10, 2001, 93Da5727, 5734 delivered on April 27, 1993, etc.). Each of the items in Gap 1 through 6 (including the serial number) shall be considered as a whole as follows. The following circumstances acknowledged by comprehensively considering the overall purport of the pleadings, the owner F and the plaintiff's assistance division C (C and the plaintiff's assistance division) in the forest register for the land of this case, are the same as the Korean name and only the "M" person whose assistance was identical.

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