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(영문) 대구지방법원 2018.01.12 2015가단127930
소유권이전등기
Text

1. Defendant Republic of Korea shall attach attached Form 2089m2 to the Defendants indicated in the “Defendant’s name column” in the attached list, among the 1stm208m2.

Reasons

1. Basic facts

A. The Gyeongsan Repair Association was established on August 25, 1925 and merged with a pair of houses and the Yongsung Repair Association on December 13, 1961, and the name was changed to the Gyeongsan Land Improvement Association and the Gyeongsan Farmland Improvement Association on January 1, 2000, and the name was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2008.

B. On December 31, 1928, 1928, K reservoir construction was completed by incorporating the land of Jdong-dong in Gyeongsan-si into the base of K reservoir, and the Plaintiff succeeded to the Gyeongsan Water Cooperative and the Gyeongsan Water Cooperative and the Gyeongsan Water Cooperative have managed K reservoir while supplying agricultural water to the Japanese farmland.

C. On June 28, 1911, the land of this case was the site of K reservoir I forest 2089 square meters (hereinafter “instant land”) in Gyeongsan-si. However, on June 28, 191, the registration of ownership was not completed, and only was written as “L” and “M” in the owner’s column for land cadastre, and is not written as “M”.

L died on or around April 10, 1942, and the Defendants, as stated in the “Defendant Name column” in the attached list, succeeded to each corresponding share stated in the “public share column” in the attached list among the instant land.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6 (including paper numbers), Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Determination on Defendant Republic of Korea’s defense prior to the merits

A. In the instant case, it cannot be deemed that the registrant on the land cadastre cannot be seen as unclear, and thus, there is no benefit of confirmation against Defendant Republic of Korea.

B. (1) The claim for confirmation of land ownership against the State is not unregistered and is not known to the person who registered the land cadastre or forest land cadastre or forest land cadastre, and the State denies the ownership of a third party who is the person who registered the land and continues to assert the ownership of the State.

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