(영문) 대구지방법원 2018.01.16 2017가단111915

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(영문) 대구지방법원 2018.01.16 2017가단111915

소유권확인

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1. It is confirmed that each of the real property listed in the separate sheet is owned B (CF and Gyeongbuk-gun D).

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was unregistered land and circumstances with “B” on October 20, 1913 and May 10, 1919. According to the land cadastre or the forest land cadastre of each of the instant real estate, the owner of each of the instant real estate entered B (CB and Young-gun D) but the permanent domicile of B is written as “B”, but the date of birth of B is written as E.

B. On November 15, 198, each of the instant real estate purchased from B, and occupied, managed, while cultivating various agricultural crops. Before the deceased on November 15, 1984, the real estate was donated to the Plaintiff before the deceased on November 15, 1984, and thereafter, the Plaintiff occupied, managed, while cultivating various agricultural crops in the said real estate.

C. For this reason, the Plaintiff filed a claim against the Daegu District Court for the registration of ownership transfer based on the completion of the prescriptive acquisition of each of the instant real estate with the heading 2016Kadan4070 and 2017Kadan10164, and the said court rendered a final and conclusive judgment citing the foregoing.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 2-1 to 6, 3-1 to 4, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's general forum of the defendant's assertion of violation of jurisdiction 1 is that the court having jurisdiction over the city of the Ministry of Justice or Seoul, which is the seat of the Supreme Court, and the real estate location is the territorial support of the Daegu District Court. Thus, the filing of the lawsuit in this case to the Daegu District Court is in violation of jurisdiction. 2) According to the law and the enforcement decree of the lawsuit to which the State is a party, the Minister of Justice represents the State in a lawsuit to which the State is a party, but delegates the authority to the chief of the district court or its branch office

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유사 판례

-대구지방법원 2017.03.29 2016나9856

-청주지방법원 2011.07.22 2011나178

-대구지방법원영덕지원 2017.08.29 2016가단2302

-대구지방법원 영덕지원 2018.04.17 2018가단10031

-대구지방법원 영덕지원 2017.04.25 2016가단4858