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(영문) 대구지방법원 2014.12.03 2014나301275
소유권확인 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account each description of evidence A No. 1, No. 7-1, and No. 8 and the whole purport of the pleadings.

E on October 3, 1912, 1912, 1226 square meters (hereinafter “land before subdivision”) was assessed.

B. On July 30, 1959, the land before subdivision was divided into 618 square meters (hereinafter “instant land”) and 608 square meters prior to G on July 30, 1959.

C. On November 20, 1965, the land category of 618 square meters prior to Sejong-si was changed to “the answer.”

H completed registration of ownership preservation on February 11, 1995 with respect to 608 square meters prior to G in racing in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502).

2. Around 1930, Non-party I purchased the land before subdivision from his name-free person, and occupied the land before subdivision and died after her death. The non-party deceased on October 11, 1986, the deceased non-party He succeeded to the possession solely by his own child. He acquired the land before subdivision on October 12, 2006 after 20 years of the acquisition by prescription from October 12, 1986. As H died on February 19, 201, the Plaintiff A, his spouse, Plaintiff B, and C succeeded to the property jointly by himself.

Meanwhile, since the instant land divided from the land before subdivision is unregistered land and its land cadastre alone cannot be identified, there is a benefit to seek confirmation of whether the instant land is owned by the Plaintiffs against the Defendant.

3. In order to acquire ownership of land through completion of prescription under Article 245(1) of the Civil Act, it is necessary to make a request for ownership transfer registration against the owner at the time of completion of prescription that would lose ownership due to such mistake of judgment, and there is ownership against a third party only.

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