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(영문) 대구지방법원 2019.08.14 2019나300079
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Underlying facts - The instant land is unregistered land.

- The old land cadastre of the instant land is indicated as being examined on October 16, 1917 by C. The address column is indicated as “D” only, and the resident registration number is not indicated. ② A is indicated as being transferred on May 30, 1970, and the address column is indicated as “M” only, and the resident registration number column is indicated as “N”.

(See the following) . - On May 30, 1970, the Plaintiff completed the registration of ownership transfer with respect to O large 3,021 square meters adjacent to the instant land.

The Plaintiff’s resident registration number is “N”.

- The Plaintiff filed the instant lawsuit against the Defendant seeking confirmation of whether the instant land was owned by the Plaintiff on the ground that the identity of the said C is unknown.

[Ground of recognition] Facts without dispute, evidence A1 to 3, purport of whole pleadings

2. Determination as to the existence of interest in confirmation

A. The registration titleholder appears on the land cadastre of the Defendant’s assertion, and the Defendant does not dispute the land in this case as owned by the Defendant, and there is no interest in confirming the claim against the Defendant.

B. (1) The registration of preservation of ownership of unregistered land may be applied for by a person registered as the first owner in the land cadastre and forest land cadastre, his/her heir, general successor, or a person who proves his/her ownership by a final and conclusive judgment. A person who proves that he/she or his/her predecessor was registered as an owner in his/her own or his/her family register according to a ledger (land ledger and forest land register) is a person registered as the first owner in the ledger and a person who comprehensively succeeds to the former,

Even if the change in real rights is done, it cannot be said that the ownership has been acquired under the current civil law, which takes the form of the change in real rights.

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