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(영문) 대구지방법원안동지원 2020.09.15 2019가단23480
소유권확인
Text

1. It is confirmed that 7/21 of the shares in each land listed in the separate sheet No. 1 is owned by the plaintiff;

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

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet No. 1 (hereinafter referred to as “each land of this case”) shall be deemed “each land listed in the separate sheet No. 1” in accordance with each item of the separate sheet No. 1, and the register No. 1 as to each land of this case shall be deemed “each land of this case.”

In the land cadastre of the instant land No. 1, “B” is indicated as the first owner who was examined on March 26, 1913, and the address of the owner is indicated as “C Dong” and the name or title of the owner is indicated as “B(B)(B)(B)”.

B. In each land cadastre of the instant land Nos. 2 through 4, “B” is indicated as the first owner. The date of change is indicated as the date of the first owner, “the owner’s recovery,” “the owner’s address,” and “B” respectively.

C. The Plaintiff, as a grandchild of F, who had his permanent domicile in Gyeongbuk-do E, died on June 13, 1945, and the Plaintiff inherited 7/21 of F’s property in succession, as shown in the attached Form 2’s share calculation sheet.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on this safety defense

A. The Defendant’s claim for confirmation of land ownership against the alleged State is unregistered and the registrant is unknown on the land cadastre or the forest land cadastre, and there is benefit of confirmation only when there are special circumstances, such as the State’s refusal of ownership by a third party, who is a registered titleholder, and the State continues to assert ownership (see, e.g., Supreme Court Decision 2018Da24246, May 16, 2019). Since the first owner of each of the instant lands is written “B” and the address is written “C Dong”, the time when there is no registered titleholder or who is the registered titleholder cannot be identified as to each of the instant lands.

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