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(영문) 청주지방법원충주지원 2019.12.04 2019가단1438
소유권이전등기
Text

1. The plaintiff's action against the defendant is dismissed.

2. Defendant B shall each be listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The former Land and Forest Register (No. 1-3, 4, hereinafter “instant land cadastre”) prepared on each real estate listed in the separate sheet, which is unregistered land (hereinafter “each of the instant lands”) shall be indicated as being the first assessment of C, and the last entry is written as being transferred to the Plaintiff’s clan name through B.

B. From March 14, 1939, the Plaintiff clan uses each of the instant lands as a tombstones or tombstones on each of the instant lands from around March 14, 1939, and occupies each of the instant lands up to the day of closing the argument.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 4, 6, and 7 (including branch numbers, if any; hereinafter the same shall apply) or video, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff purchased each of the instant lands from Defendant B on March 14, 1939, and transferred the ownership on each of the instant lands to the Plaintiff’s clan on the land forest register, and thereafter occupied and used the land in a peaceful manner as owned by the Plaintiff at the time of paying the property tax to the present time. As such, the Plaintiff’s possession of each of the instant lands was completed on December 31, 2010, when 20 years have elapsed since March 14, 1939, which began to occupy each of the instant lands.

B. However, although the old land cadastre of this case is indicated as the person who is the title holder or the title holder of registration, it is inconsistent with the ledger of removal of his address due to omission of his address, and thus, the plaintiff is entitled to obtain confirmation of ownership of the land listed in Paragraph 2 of the attached Table (hereinafter “instant land”) against the defendant Republic of Korea in subrogation of the last holder, for the preservation of the right to claim ownership transfer registration based on the completion of prescription against the defendant B and for the registration of ownership transfer.

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