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(영문) 춘천지방법원강릉지원 2019.06.11 2019가단31098
소유권확인
Text

1. Each real estate listed in paragraph 1 of the Schedule is owned by E, and by F, each real estate listed in paragraphs 2 and 3 of the Schedule.

Reasons

1. Basic facts

(a) Each real estate listed in the separate sheet is unregistered land;

Attached Form

E residing at H 44 square meters, which is the land before the division of the real estate listed in the list of paragraph (1) of this section, the F residing at J 48 square meters, which is the land before the division of each real estate listed in the list 2 and paragraph (3) of this section.

B. The cadastral record on each real estate listed in the separate sheet was destroyed by Korean War, and has been restored. It is merely stated in the column for the owner of the land cadastre for each real estate listed in paragraph 1 of the separate sheet as “K” and in the column for the owner of the land cadastre for each real estate listed in paragraphs 2 and 3 of the separate sheet, and it does not contain any other personal information or circumstances concerning the transfer of ownership.

C. The Plaintiffs filed a lawsuit claiming the registration of ownership transfer of each real estate listed in the separate sheet against E and F on the ground of the completion of the prescription period for possession acquisition (Yancheon District Court 2018Dadan34267) and received a final and conclusive judgment in favor of the Plaintiffs.

【Reasons for Recognition: Evidence Nos. 1, 2, Eul No. 1-1, 2, and 3, the purport of the whole pleadings】

2. Regarding the defense before the merits, the plaintiffs sought confirmation against the defendant that each real estate listed in the separate sheet is owned by E or F, and the defendant asserted that the lawsuit of this case is unlawful as there is no benefit of confirmation, since the fact-finding name is indicated in the land investigation book on each real estate listed in the separate sheet.

A claim for confirmation of land ownership against the State shall be limited to cases where the land is unregistered, the registrant is unknown in the land cadastre or forest land cadastre, or the identity of the registrant is unknown, and the State continues to possess the State while denying the ownership of a third party who is the titleholder of the registration or forest land cadastre, or the State does not recognize the capacity to presume the right as to the owner of the land cadastre or forest land cadastre.

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