logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.16 2018가단206254
소유권확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The cadastral record, such as the land cadastre, was destroyed with respect to the area of 222 square meters prior to Daejeon Seo-gu, Daejeon (hereinafter “the land before subdivision”), and the land cadastre (Evidence A No. 1-1) prior to subdivision was restored on May 1, 1955, and the owner’s column was recorded as “D” without having the address in the column.

B. As the instant land was partitioned from the land before subdivision on June 8, 1973 to the river and its land category was changed to a river, it was inserted into the new land cadastre (No. 2-1 of the evidence A), it was written as D as it was in the owner column of the land before subdivision. On July 26, 1976, the competent authority newly drafted the land cadastre (No. 2-2 of the evidence No. 1 of the evidence No. 2 of the instant land in the owner column and added “D” to the owner column.

C. The instant land is currently unregistered. D.

Meanwhile, the Plaintiff filed a lawsuit against the Defendant seeking confirmation that the area of 182 square meters prior to Daejeon Seo-gu Daejeon District Court was owned by the Plaintiff, as the Daejeon District Court 94Gadan20362, and subsequently lost on May 25, 1995. The Plaintiff appealed as the Daejeon District Court 95Na4276, but dismissed on November 24, 1995, but became final and conclusive around that time.

E. On September 2, 1996, the registration of ownership preservation was made on September 2, 1996 for the area of 182 square meters prior to Daejeon Seo-gu Daejeon, Daejeon.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The plaintiff asserts that the land in this case is owned by the plaintiff since D, which is written as the owner on the land before the assertion and judgment were made or on the land cadastre of this case.

Before the enforcement of the Cadastral Act (wholly amended by Act No. 2801 of Dec. 31, 1975), the name of the owner is written on the old land re-party, the competent authorities arbitrarily restored for the convenience of taxation without any legal basis, and the name of the owner is written on the old land re-party.

Even if there is no presumption of right in the statement.

Supreme Court Decision 95Da16493 delivered on August 22, 1995, etc.

arrow