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(영문) 창원지방법원통영지원 2019.10.08 2019가단22318
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The land B, 2,281 square meters (hereinafter “instant land”) and C, C, 7,438 square meters (hereinafter “C before division”) in the forest land register at the same time at the same time as the Dong-si, is deemed to have been under the circumstances of D on March 20, 1918, but there is no personal information, such as the address, etc. of the said D.

B. E completed registration of initial ownership of land C before subdivision on May 11, 1985.

C. Since then, part of C’s land before subdivision was divided and became 4,341 square meters of C’s forest land at the same time.

As E died on October 3, 1992, the Plaintiff, as E’s wife on April 8, 2016, completed the registration of ownership transfer on the grounds of inheritance by agreement and division as of October 3, 1992, with respect to the F forest size of 4,341 square meters and the F forest size of 951 square meters and G forest size of 733 square meters in the city, which was divided from the land before the partition.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment on the main defense of this case

A. The Plaintiff asserts that the land of this case, which is unregistered land, was inherited from D, the husband of the Plaintiff, as well as the land before subdivision C, but did not complete the registration of preservation of ownership by mistake. As such, the Plaintiff, who inherited the property as E’s spouse, has the interest in claiming confirmation against the Defendant that the owner of the land of this case is the Plaintiff. Accordingly, the Defendant asserts that there is no interest in confirmation, since the land of this case is clear and without dispute between the owner on the land cadastre and the Defendant.

B. If a claim against the State for confirmation of ownership of land is unregistered and its registrant is not known in the land cadastre or forest land cadastre or forest land cadastre, if the presumption of right is not recognized in the entry of the owner of land cadastre or forest land cadastre for unregistered land or forest land cadastre, or if the State denies ownership of a third party registered and continues to claim state ownership.

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