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(영문) 대구지방법원 2016.08.26 2015가단124726
소유권이전등기청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The assertion;

A. Since the Plaintiffs occupied and cultivated each piece of land listed in the separate sheet (hereinafter “the instant real estate”), which is his/her increased portion of H, in turn, owned and cultivated the instant land, the Plaintiffs continued to possess and cultivate the instant land so far. As such, the Plaintiffs acquired the ownership on October 31, 2015, which was 20 years before November 1, 1995, retroactively from the date of the instant lawsuit, on which the acquisition by prescription was completed on October 31, 2015.

B. The instant real estate is an unregistered real estate and has only the forest land register and land cadastre (hereinafter referred to as “forest land register, etc.”) and the forest land register, etc. was assessed on October 10, 1917 by I (J or K).

C. However, prior to the enforcement of the amended Cadastral Act (No. 2801, Dec. 31, 1975), the competent authority arbitrarily restored the land of this case for administrative convenience without any legal basis, and the matters concerning the owner cannot be recognized as the presumption of rights.

Therefore, the defendant asserts that the state is obliged to implement the transfer registration procedure based on the completion of the statute of limitation for the acquisition of possession by the plaintiffs if the owner cannot be identified at all by the forestry book.

2. Where there is a person who is registered as an owner on the registry or the land cadastre or the forest land cadastre with respect to a certain land, a lawsuit may be brought against the nominal owner to seek confirmation of ownership. A claim for confirmation of ownership against the State is filed only when there is no registrant on the land cadastre, etc. or when the registrant is unknown, or only when there are special circumstances, such as where the State denies ownership of a third party who is the registered titleholder, and continues to assert State ownership.

However, in the case of this case, since J or K is registered as a titleholder in the forest land register, the above J or K's heir is confirmed.

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