(영문) 대구지방법원 2016.10.27 2016나304308

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자간(%)

(영문) 대구지방법원 2016.10.27 2016나304308

소유권확인

Text

1.The judgment of the first instance shall be modified as follows:

All claims of the plaintiffs (appointed parties) and designated parties are filed.

Reasons

1. Basic facts

A. The deceased L(the deceased on September 9, 1979) is adopted by the deceased M(the deceased on November 20, 1959) and the plaintiff and the designated parties are the successors of the deceased L(the deceased on November 20, 1959) and are listed in the annexed list.

B. The land before the division of this case (hereinafter “the land before the division of this case”) of JJ river in Gyeongsan-si is the land cadastre of 1911. (The 44 years after the division of this case)

6. Circumstances were made to N, 29. 29. 1912

8. The registration of ownership transfer was made in the future of “M” on 18.

In the old land cadastre and land cadastre, the address of M as the owner is written only as “O” without a lot number, and there is no other indication that can specify “M”.

C. On September 8, 1993, the land prior to the instant subdivision was unregistered and divided into the area of 8m2 of J-river, P-2m2 of a P river, and Qua 39m2 of a Q river, respectively.

(2) In the instant case, each of the entries in Gap evidence Nos. 1 through 11, 13, and 14 (which include each number of numbers; hereinafter the same shall apply) and the purport of the entire pleadings and arguments, in which the Plaintiff seeks confirmation of ownership.

2. Determination on this safety defense

A. The defendant's defense is unlawful because the plaintiff and the designated parties asserted that R's heir are the State against the defendant, who is the State, since N on the old land cadastre was examined and transferred its ownership to M. The lawsuit of this case seeking confirmation of ownership of each of the land of this case is without a benefit of confirmation of ownership.

B. The claim for the confirmation of land ownership against the State is not unregistered and is not known to the registrant on the land cadastre or forest land cadastre or forest land cadastre, and the State denies the ownership of a third party who is the titleholder of the registration and continues to assert the ownership, and there is a benefit of confirmation only in special circumstances, such as the State’s assertion of state ownership.

Supreme Court Decision 2009Da48633 Decided October 15, 2009

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