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(영문) 제주지방법원 2020.05.19 2019가단66042
소유권확인
Text

1. In Jeju-si, it is confirmed that the C cemetery is 60 square meters owned by the Plaintiffs.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On August 15, 1913, on the former land cadastre of Jeju-si on August 15, 1913 (hereinafter “instant land”), D is written as follows: (a) 116 square meters of a cemetery E in Jeju-si; (b) 129 square meters of a F cemetery in Jeju-si; (c) 198 square meters of a G cemetery in Jeju-si; and (d) 102 square meters of a H cemetery in Jeju-si (hereinafter “relevant land”) in Jeju-si, Jeju-si; and (b) 102 square meters of a cemetery in Jeju-si, Jeju-si

B. On May 25, 1937, I died and succeeded to the land of this case by the J as a result of its succession to his family, and the J married with K and born Ma on a L date.

M was married to N on January 30, 1973 and was removed from the J Family Register, and on May 15, 1973, the wife succeeded to Australia.

M was divorced on November 7, 1992 and returned to the K's family register, and after K died on January 31, 1993, M succeeded and succeeded to the property of M.

C. M born between N and N, and died on March 26, 2002.

[Ground of recognition] Unsatisfy, entry in Gap-15 Evidence (including various numbers for a piece of evidence) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiffs succeeded to the instant land, and there is interest in confirmation as it falls under the time when the land in this case is unregistered and its land cadastre is unknown. 2) Since the assessment titleholder of the Defendant’s land in this case is D, the said land does not constitute a case where there is no registered titleholder on the land cadastre, or it is unknown who is the registration titleholder on the land cadastre.

Therefore, the instant lawsuit seeking ownership confirmation against the State is unlawful as there is no benefit of confirmation.

B. In light of Article 130 of the Registration of Real Estate Act regarding the Defendant’s main defense, if the registration of preservation of ownership of real estate cannot be proved by a certified copy of land cadastre or a certified copy of the forestry register while making a registration of preservation of ownership of real estate, the registration of preservation of ownership can only be made by proving the ownership by the judgment. Furthermore, the government agency, the competent authority, is disputing

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