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(영문) 대구지방법원 2016.08.17 2016나303558
소유권확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s assertion that the land of this case is the owner of the land cadastre, but there was no subsequent loss, and the said land cadastre was restored without any legal basis before the enforcement of the Cadastral Act, which was wholly amended on December 31, 1975, and thus, the real estate of this case is an unregistered real estate and owned by the Defendant pursuant to Article 252 of the Civil Act.

Around 1970, D, as the Plaintiff’s reference, received the land in this case from the Defendant, and donated it to the Plaintiff around 1990. Since that time, the Plaintiff occupied the land in this case, and had been a private farmer or a self-employed farmer, and paid the property tax, etc. on the land in this case.

Therefore, the Defendant is obligated to arbitrarily implement the procedure for the registration of ownership transfer on December 31, 2014, which was due to the prescriptive acquisition on December 31, 2014, as the date of the commencement of possession by the Plaintiff, who has occupied the instant land in peace and openly for at least 20 years with the intention to own the instant land without any change in its owner.

2. Determination

A. To file a claim for the registration of ownership transfer on the ground of completion of the prescriptive acquisition of land related to the relevant legal doctrine, the claim must be filed against the owner as at the

In addition, the land under the name of a specific person shall be presumed to be owned by the person under consideration or his/her heir, unless there are any special circumstances, and it is impossible to ascertain whether the land owner is missing.

Even if it is proved that he dies and there is no inheritor, or as long as the procedures for reversion of the land to the State under Articles 1053 through 1058 of the Civil Act are not implemented, such land shall not be immediately owned by the State, and it shall not belong to the State, and as long as it is not an unregistered real estate, the procedures for disposal of unregistered real estate under Article 8 of the State Property Act

not owned by the State.

(Supreme Court Decision 98Da59132 delivered on February 23, 1999). B.

In the case of this case, pleading No. 2 shall be made in the statement of evidence No. 2.

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