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(영문) 대구지방법원 2019.09.19 2018가합209816
소유권이전등기
Text

1. Defendant Republic of Korea: (a) the Plaintiff, Defendant B, C, D, E, F, G, H, I, J, K, K, M, N, N,O, P, with respect to the Daegu Suwon-gu R21 square meters of land.

Reasons

1. Basic facts

A. The land cadastre of this case (hereinafter “instant land”) is unregistered land. The land cadastre of this case (hereinafter “instant land cadastre”) is indicated as the owner of the instant land, which was assessed on July 23, 1911.

B. U (hereinafter “the deceased”) whose permanent domicile is located in Daegu Suwon-gu T (hereinafter “V”) was deceased on October 19, 1932 and became a sole heir.

C. V died on March 5, 1972, and V’s inheritors include WW, X (Aussia, Australia), Y (Aussia), Defendant B (C, Plaintiff (A), Defendant C, Defendant D (C), and unmarried.

W. W died on August 24, 2002, and W was the inheritor of W, there are children X (J), Y, Defendant B, Plaintiff, Defendant C, and D.

E. X died on July 19, 2002, and X’s inheritor is the wife, Defendant E, Defendant F, G, H, and I.

F.Y died on June 29, 2010, and Y’s heir was Defendant J, K, L, M, and N, a child.

G. The Z died on February 16, 1985, and the heir of the Z has the Defendant O, Defendant P and Q, who is the wife.

(h)the inheritance relationship with V for the first inheritee and the final inheritance share are as shown in the calculation table of inheritance in the annexed sheet;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (if available, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on Defendant Republic of Korea’s main defense

A. Defendant Republic of Korea’s assertion 1) Claim for confirmation of land ownership against Defendant Republic of Korea is an interest in confirmation only in the event that the land is unregistered and that there is no registered titleholder on the land cadastre or the forest land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown. According to the instant land cadastre, it can be known that the instant land was assessed against S. Therefore, the Plaintiff’s lawsuit against Defendant Republic of Korea has no interest in confirmation. 2) The Plaintiff’s first land.

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