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(영문) 대구지방법원 2017.06.13 2017가단108261
소유권확인
Text

1. It is confirmed that the previous 985 square meters is owned by the Plaintiff in Cheongbuk-gun, Cheongbuk-do;

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. 1) Entry in the public record on land is 985 square meters prior to the Cheongbuk-gun B, Cheongbuk-do (hereinafter “instant land”).

(2) On September 12, 1905, the land cadastre indicated that C was assessed on September 12, 1905, and that it was transferred to D (D and Gyeongyang-gun E) on August 20, 1912, and in 1915, D’s address was changed to “F of Mayang-gun, Mayang-gun, Mayang-gun, Mayang-do.”

B. Inheritance 1) G (G, Gyeongnam-do, Gyeongyang-do, the permanent domicile of which was deceased on January 29, 1955, and I inherited Australia. 2) On October 20, 1976, I died on October 20, 1976, and jointly succeeded to the property of the plaintiff, K, L, M, N,O, P, and Q I, who are his spouse J and children.

On the other hand, K died on November 14, 2015 and R and S jointly inherited the property of K.

3) Among I’s successors, the remaining successors except the Plaintiff renounced their inheritance shares on the instant land and agreed on the division of inherited property as they own the Plaintiff’s sole ownership. 【The ground for recognition】 the fact that there exists no dispute, and the purport of Gap’s evidence Nos. 1 through 4 (each entry and pleading number included)

2. Benefits of confirmation;

A. According to Article 65 of the Registration of Real Estate Act, a person registered as the first owner in the land cadastre, forest land cadastre, or building register, his/her heir, or other general successor may apply for registration of preservation of ownership of unregistered land. A person who is unable to prove such registration is entitled to apply for registration of preservation of ownership by proving his/her ownership according to a final judgment. However, in cases where part of the indication of owners on the land cadastre of unregistered land is omitted and it is impossible to specify the owner on the register, the owner may not file a registration of preservation of ownership by the ledger, and there is a benefit to seek confirmation of ownership of the relevant land against the State for registration of preservation of ownership (Supreme Court Decision 201. Jul. 1, 20

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