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(영문) 창원지방법원 2014.10.17 2013가단84028
소유권확인
Text

1. It shall be confirmed that each real estate listed in the separate sheet is owned by the plaintiff;

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On October 6, 1922, the same Myeon Repair Association was established under the Joseon Repair Association Order (Ordinance No. 2, July 13, 1961), and was merged into the Changwon Land Improvement Association on December 13, 1961, and its name was changed to the Changwon Farmland Improvement Association pursuant to Article 3 of the Addenda to the Agricultural Community Modernization Promotion Act.

On the other hand, the Changwon Farmland Improvement Association is dissolved by the implementation of the Korea Agricultural and Rural Infrastructure Corporation and Farmland Management Fund, and the Korea Agricultural and Rural Infrastructure Corporation, which was established on January 1, 200, comprehensively succeeded to the rights and obligations under Article 9 of the Addenda of the Act, and the name of

B. The land cadastre for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is indicated as having received each transfer of ownership on the relevant date of acquisition of ownership by the East-do Repair Association.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The Defendant’s judgment on the Defendant’s main defense of safety was recorded on the land cadastre of each of the instant real estate, and the Defendant did not deny the Plaintiff’s ownership on each of the instant real estate or assert the ownership of the State or a third party, and thus, the Plaintiff did not have any interest in seeking confirmation of ownership on the instant real estate. Therefore, the instant lawsuit is unlawful.

Registration of preservation of ownership may be applied for by a person registered as the first owner in the land cadastre, forest land cadastre or building register, his/her heir, general successor, or a person who proves his/her ownership by a final judgment (Article 65 of the Registration of Real Estate Act), or ownership transfer registration on the register.

Even if the transfer of ownership is registered in the current civil law that takes the form of the change in real rights, the person who has obtained the transfer of ownership on the register can not apply for the preservation registration immediately in his/her future, and the preservation registration is made in the future as the first owner on the register.

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