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(영문) 춘천지방법원강릉지원 2019.06.05 2019가단31241
소유권확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The area of 450 square meters in Gangnam-si Bung-si (hereinafter “instant land”) was 625 square meters and the cadastral record, such as the registry, was destroyed due to the 625 column, and the cadastral record was restored, but the land was not registered as the owner’s unclaimed land

B. On the land cadastre of this case, the land cadastre of this case is registered as the ownership of net D (Death on March 25, 1961) which is the deceased village of net C (Death on April 29, 1963).

C. The building register of 61.12 square meters in a wooden sapap from the instant land is registered as C on April 10, 1936 in the building register of 61.12 square meters in a single-story house.

As to the land of this case, A pays property tax.

E. The land survey division concerning the land of this case shall state that E has received the assessment.

[Ground of recognition] Facts without dispute, Gap 1, 3, 8, 9 (including virtual numbers), Eul 1, the purport of the whole pleadings

2. The plaintiffs' assertion C, around April 10, 1936, purchased the land of this case, such as a sale certificate (No. 4281) from D, October 1, 1948 (short-term 4281).

As C dies, the plaintiffs, who are children, jointly inherited the property according to the attached share of inheritance.

Therefore, this case's land belongs to the plaintiffs' ownership, the heir of C, and thus, seeks confirmation.

3. Determination

A. Articles 35(1) and 60(1) of the Registration of Real Estate Act of the relevant legal doctrine provide that when applying for registration, documents proving grounds for registration shall be submitted. When the registration management is completed, the registration number, the date of receipt of the application, the number of copies of the application, the priority number and the purport of the registration system shall be stated in the document proving grounds for registration or a duplicate of the application form, and the registration number, the registration number, the date of receipt of application number, the priority number and the purport of the registration system shall be stated, and such registration shall be returned

Therefore, it is true that the registration number, the order of registration, the registration system, etc. under the above provisions are affixed to the sale certificate and the registration office seal.

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