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(영문) 울산지방법원 2016.01.15 2015가단22266
토지소유권확인
Text

1. The plaintiff's lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. There is an indication in the old land cadastre of each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) that “A with a domicile in B was subject to assessment of the instant real estate.”

B. On September 26, 1960, registration of preservation of ownership was completed in the name of “C with a domicile in Gyeyang-gun D” on the instant real estate.

C. On the land cadastre of the instant real estate, the purport that “the instant real estate was registered as preservation of ownership in C’s name with address in Yangsan-gun D on September 26, 1960.”

The non-party E, who is the plaintiff's supporting father, had a permanent domicile in the "F of Ulsan-gun, Ulsan-gun," and died on October 25, 1956.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 4-1, 2, Gap's evidence 5-1 to 4, Gap's evidence 6, Gap's evidence 7-1, 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) is the Plaintiff’s assertion (A) as to the land cadastre, land cadastre, and registration of the instant real estate, and the deceased, who is the Plaintiff’s supporting father, are the same person, and the deceased was the owner of the instant land.

(B) The deceased’s heir completed the inheritance registration of the instant real estate, but did not complete the registration due to the omission of the number of the deceased’s address on the old land cadastre, land cadastre, and register.

(C) In order for the deceased’s inheritors to complete the inheritance registration of the instant real estate, the Defendant is obligated to verify that the instant real estate is owned by the successors as indicated in the attached inheritance ratio table No. 2.

(2) The Defendant’s assertion that the Plaintiff’s lawsuit is inappropriate for lack of interest in confirmation, and there is no proof that C and the deceased, who is the Plaintiff’s transcript, are the same person.

(b) The claim for confirmation of land ownership against the market owner is unregistered, and there is no registered titleholder in the land cadastre or forest land cadastre or land cadastre, or who is the registered titleholder.

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