(영문) 인천지방법원 2018.05.02 2017가단255657

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(영문) 인천지방법원 2018.05.02 2017가단255657

소유권이전등기

Text

1. The Defendant Republic of Korea confirms that the 26m26m2 of the Nam-gu Incheon Metropolitan City C cemetery is owned by Defendant B.

2. Defendant B shall be the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 12, 1991, the Plaintiff’s father D (the deceased on September 28, 2003, hereinafter “the deceased”) completed the registration of ownership transfer on the ground of “trade on August 20, 1991,” with respect to the building (the second floor detached house) and its ground (the “instant land and building”).

B. From October 12, 1991, the Deceased resided in the instant land and building, and died on September 28, 2003. The Plaintiff continues to occupy the said land and building on September 28, 2003 due to testamentary gift on September 28, 2003.

C. Meanwhile, the land of this case is located within the site of the instant land and building, and is unregistered land.

On the old land cadastre of the instant unregistered land, “land category”: 26 square meters of a cemetery, and reasons: The date of preparation and change on August 1, 1976: The situation, address: January 20, 1911: The situation, name, and name of the Incheon Ministry: only is indicated as “B” and the resident registration number, address, etc. of B are not indicated.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit for confirmation of ownership by exercise of creditor's subrogation right

A. According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor is an owner registered in his/her land cadastre or forest land cadastre by a certified copy of the land cadastre or forest land cadastre register may apply for registration of preservation of ownership of the land. A person who is not entitled to such certification by the register is entitled to apply for registration of preservation of ownership by proving his/her ownership by means of proving his/her ownership by judgment. However, if part of the indication on the land cadastre of unregistered land was omitted, so the owner on the register cannot be identified

참조조문

-부동산등기법 제65조

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