logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.05.31 2016나313067
소유권확인
Text

1. Of the judgment of the court of first instance, the part against the defendant as to each claim for the confirmation of ownership against co-defendant B and D in the first instance trial.

Reasons

1. Facts of recognition;

A. The land in question is unregistered land and its land cadastre is registered as “F” on January 27, 1913. The land survey division in the Kimcheon-gun G-gun, Kimcheon-si, which was prepared by the land survey authority in the Joseon-si, Kimcheon-si, Kimcheon-si, which was prepared by the land survey authority in the Republic of Korea (hereinafter “instant land”). The land survey division in the Republic of Korea is the one in which the “H” was located in the same Dong.

B. The network J (J; hereinafter “the deceased”) of the Plaintiff, who was the father of the family relations register, established the permanent domicile in the Gyeongung-gun K. On June 7, 1925, the Plaintiff died at the same time. As a result of the family relation registration information system and the family register information system search, Kimcheon-si, the Dong name, other than the Plaintiff’s increased father, is not found.

【In the absence of dispute over the basis of recognition, entry of Gap 1, 2, and 3 evidence (including branch numbers, if any; hereinafter the same shall apply), and each fact-finding inquiry and reply to the Myeon in Kimcheon-si, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The purport of the Plaintiff’s assertion is that the land was originally owned by the deceased, and was inherited by the Plaintiff, the joint Defendant B, and D, who were their children, and their children, through N in the South Korean of the Deceased, N in his South Korean P, and his South East East Korean P.

However, since personal information, such as the deceased’s address, is not recorded in the land cadastre of this case, registration of preservation of ownership cannot be made in a usual way, and the plaintiff seeks confirmation of ownership of each share of the plaintiff, the plaintiff, and the above B and D against the defendant.

B. Since the owner on the land cadastre of this case is specified as F in the summary of the defendant's assertion, the plaintiff has no interest in seeking confirmation of ownership against the defendant as to the land of this case, and the plaintiff has interest in seeking confirmation of ownership against the defendant as to the land of this case.

Even if the plaintiff seeks confirmation of each share of co-defendant B and D in the first instance trial, it constitutes seeking confirmation of another person's legal relationship.

arrow