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1. It is confirmed that the previous 436 square meters is owned by the Plaintiff in Pakistan-si.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. The B B, at the time of the strike of basic facts, is an unregistered real estate. The cadastral record was lost at the time of the war of June 25, 1961, and the cadastral record was restored on August 1, 1961. The owner’s column for the land cadastre that was restored included “A” as “Seoul Seodaemun-gu,” and the cause indicated “A” as “the restoration registration on December 12, 1953.”
[Ground of recognition] Unsatisfy, Gap evidence 6-1, 2, the purport of the whole pleadings
2. Determination
A. As to the plaintiff's claim for confirmation of ownership on the land of this case as to the judgment on the ground of the main safety defense, the defendant stated the plaintiff as the registered titleholder on the land of this case, so the claim for confirmation of ownership does not have any interest in such confirmation.
The registration of preservation of ownership, based on a certified copy of the land cadastre or forest register, may be applied by a person who proves that he or the decedent has been registered as an owner in the land cadastre or forest register, a person who proves his ownership by a ruling, or a person who acquired ownership by expropriation. A person who proves that he or the decedent has been registered in his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or his or
Even if it cannot be said that the ownership is acquired under the current civil law that takes the form of change in real rights. Therefore, a person who has obtained ownership transfer registration on the register cannot apply for the preservation registration immediately in his/her future, and the preservation registration is made in the future as the first owner on the register and then the registration of transfer is made. Therefore, if the ownership is indicated as the transfer of ownership on the land cadastre as to unregistered land but the first owner is not indicated, the person to whom the ownership is transferred.