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(영문) 인천지방법원 2019.10.16 2019가단217482
소유권확인
Text

1. The Defendant confirms that 640 square meters prior to Incheon Strengthening-gun was owned by the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The land survey book prepared by the Joseon General Doctrine in accordance with the Ordinance of the Ministry of Land Survey prepared during the Japanese Occupation Period is written by C as the owner of 640 square meters (hereinafter “instant land”). On February 13, 1911, C is written as the ownership transfer registration for D on October 20, 1912 after C received the assessment of the instant land, and on October 22, 197 as to the instant land, D is written as the transfer of ownership on October 20, 1912.

B. The permanent domicile of E is “ Gyeonggi-do Strengthening-gun B,” and “E” was deceased on December 15, 1945, and F succeeded to Australia.

The F adopted the Plaintiff on October 13, 1947 and died on April 26, 1952, and the Plaintiff succeeded to the F in Australia.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that there is a benefit in confirmation against the Defendant that the instant land was unregistered, and that there is no benefit in seeking confirmation of ownership against the Defendant, only when the Plaintiff asserts that the instant land was owned by the State while denying the ownership of a third party, the State, a person holding the ownership of the instant land, and that there was no benefit in seeking confirmation of ownership since it was registered as a transfer of ownership against D on the land’s land’s land’s land’s land’s land’s land cadastre.

B. According to Article 65 of the Registration of Real Estate Act, the first owner is the land cadastre, forest land cadastre, or building register.

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