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(영문) 인천지방법원부천지원 2015.05.13 2014가합7611
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B B B B of Gyeonggi Kimpo-gun (hereinafter “the land before the instant subdivision”) was divided into 492 and D 40 square meters on September 7, 1960.

Since then, each of the above lands became each of the real estate in this case through the change of the name of the administrative district and the conversion of area unit.

B. The land before the instant partition was examined on May 20, 1910 by E, the address of which is the blanker in the former land cadastre, and thereafter, on April 30, 1921, the ownership was transferred to G indicated as “F” and the address column on May 27, 1927, and the ownership was transferred to I indicated as “H”.

C. At present, the registry is not prepared as to each real estate of this case.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The gist of the party's assertion is that the plaintiff sought confirmation of ownership preservation against the defendant on the ground that it cannot be confirmed who was registered as the first owner on the land cadastre of each of the instant real estate, and that the registration of ownership preservation cannot be completed on the ground that it is not possible to identify who was registered as the first owner on the land cadastre of the instant real estate, the defendant is registered as the first owner on the land cadastre and land cadastre, and the defendant does not assert that each of the instant real estate is owned by the defendant, who is the State, as the owner of the instant real estate. Thus, the plaintiff's claim for confirmation of ownership of each of the instant real estate against the defendant, who is the State, does not have a benefit of confirmation.

B. The claim for confirmation of land ownership against the country is unregistered and the land is not registered on the land cadastre or forest land cadastre, or the registrant cannot be identified, and the State continues to assert state ownership while denying the ownership of a third party who is the titleholder of registration or enrollment.

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