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(영문) 서울중앙지방법원 2018.05.10 2018가단5002014
소유권확인
Text

1. The Plaintiff’s ownership of the 4,58m2 prior to Kimcheon-si is confirmed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On October 31, 1917, 1917, the 7,100 square meters (hereinafter “the forest before the instant division”) of the Gyeongcheon-gun Kimcheon-gun Kim (hereinafter “the forest before the instant division”) was under the circumstances of E having the domicile in “Ddong”.

B. The forest land before the instant partition was destroyed due to the destruction of the cadastral record on March 31, 1952, and the parcel number was changed to F in Kimcheon-si. It is written that E, the owner column of the restored forest land register, having the address in Ddong, was the subject of the circumstances.

C. On March 31, 1973, G, H, and I were divided into Kimcheon-si G, H, and I on March 31, 1973. Among them, G forest was subject to registration conversion into B 4,588 square meters on the same day Kimcheon-si, Kimcheon-si (hereinafter “instant land”). H and I forest were registered under the joint name of J and the Plaintiff on March 4, 1995.

The plaintiff Chocheon-si L is Kimcheon-si L, and died at Ddong on May 30, 1957.

On October 15, 1964, M succeeded to the deceased’s property, which is the head of K, and on November 16, 2015, the Plaintiff and N,O, P, Q, and R, who were their successors, entered into an agreement on the division of inherited property with the purport that they would own the instant land and that the remaining successors would waive their inheritance.

E. The instant land is currently unregistered on the registry, and the Plaintiff is paying the property tax, etc. on the said land from around 2008 to the present date.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10, purport of whole pleadings

2. Determination on the defense prior to the merits

A. A. A claim for confirmation of land ownership against the State is an unregistered land cadastre and it is impossible to identify who is a registrant on the land cadastre or forest land cadastre, or in exceptional circumstances, such as denying that land is owned by a third party who is a titleholder of registration and claiming that it is owned by the State, etc., the State is more beneficial to confirmation, and Supreme Court Decisions 2009Da48633 Decided October 15, 2009; 94Da394 Decided May 9, 1995.

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