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(영문) 창원지방법원 밀양지원 2018.02.06 2016가단13453
소유권확인
Text

1. The Defendant Republic of Korea confirms that the Plaintiff is the Defendant B’s ownership of the C 192 square meters at the time of smuggling.

2. The defendant B.

Reasons

Basic Facts

The land of this case (hereinafter referred to as the "land of this case") is unregistered land of the 192 square meters in Pyang-si.

The land cadastre regarding the instant land is merely indicated in the fact that the Defendant “B” was examined on January 25, 1912, and does not state the date of birth, address, etc. of “B”.

【After Defendant B’s first assertion of the purport of the Plaintiff’s entry and pleading as to No. 1 A’s ground for recognition, the Plaintiff actually occupied and sold the pertinent land to E on August 6, 1986. The Plaintiff purchased the said land from E around 190 and possessed it as its owner until the present day.

Therefore, the Plaintiff’s acquisition by prescription was completed on August 6, 2006 after the lapse of 20 years from August 6, 1986, which was the starting point of possession of the instant land E.

Therefore, the Plaintiff seeks confirmation of the ownership transfer registration procedure based on the completion of the acquisition by prescription against Defendant B, and the land in this case is owned by Defendant B by subrogation against Defendant B.

Although Defendant Republic of Korea’s claim on this case’s main defense is unregistered land, there is no benefit to seek confirmation of ownership as the land whose owner is confirmed on its land cadastre and its identity cannot be known.

Judgment

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 in the 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 may apply for registration of preservation of ownership by proving his/her ownership by the judgment. However, there are some omissions in the indication of owners of unregistered land in the

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