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(영문) 대구지방법원 2020.05.13 2019나311192
토지소유권이전등기 등 청구의소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order to perform shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a traditional temple affiliated with A Religious Organizations and is designated and registered as a traditional temple pursuant to Article 4 of the Korean Traditional Temples Preservation and Support Act.

B. In the Land Survey Book prepared under the former Decree on Land Survey (Ordinance No. 2 of August 13, 1912), the Plaintiff stated as follows: ① the Plaintiff’s 2,230 square meters, ② the 381 square meters, ③ the 153 square meters, ④ the 156 square meters, ⑤ the 722 square meters, respectively.

C. Each land indicated in paragraphs 1, 2, 3, and 5 of the attached Table 1 is the land divided from each of the relevant multiple lands listed in paragraph (2). Of the land listed in paragraph (4) of the attached Table 4, it is the land divided from the land listed in paragraph (4) above.

(The land indicated in paragraph (4) above is a land combined with 83 square meters and other land on December 27, 2006.

The defendant completed each registration of preservation of ownership as to each of the lands listed in the separate sheet No. 657 of March 5, 1974 by the Daegu District Court of Law No. 7509 of May 9, 1987 as to the land listed in the separate sheet No. 6487 of September 30, 1996 as to each of the lands listed in the separate sheet No. 4 and paragraph (5) as to each of the lands listed in the separate sheet No. 657 of March 5, 197.

[Ground for Recognition: Unsatisfy, A1 through 10 Evidence (including each number; hereinafter the same shall apply)

(2) Each fact-finding results of Gap evidence No. 14, the Cheongong-gun Office and the National Archives of this Court, the purport of the entire pleadings

2. The reasoning of the judgment on the Defendant’s defense prior to the merits is as stated in Paragraph 2 of the reasoning of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination on the cause of the claim

A. 1 Determination as to the claim for cancellation of registration of preservation of ownership is based on the former Land Survey Ordinance (Ordinance No. 2 of August 13, 1912), and if the assessment title holder of land under Article 2 of the former Land Survey Ordinance (Ordinance No. 2 of the Ministry of Land, Infrastructure and Transport No. 13, the assessment title holder or his/her heir becomes the owner of the land, if the assessment title of land was prepared and the number of

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