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(영문) 대구지방법원김천지원 2014.09.03 2014가단5841
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D’s 678 square meters in Kimcheon-si, Kimcheon-si, Kimcheon-si, Kimcheon-si, as F 277 square meters and B 315 square meters in 315 square meters (hereinafter “instant land”).

B. The owner of the instant land is D and D’s resident registration number is indicated as “G” which is the Plaintiff’s resident registration number.

(c) The permanent domicile in the family register of D is "Macheon-si H", and the date of birth is written as "I", and there is no J among children or grandchildren.

The instant land is unregistered.

E. The Plaintiff paid the property tax imposed on the instant land from around 1996 to 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) around 1962, the Plaintiff deposited 300 square meters of the Kimcheon-si C’s land and the house sold to J; and (b) on December 29, 1969, the Plaintiff demanded the J to pay the money that he left to J; and (c) on December 29, 1969, the Plaintiff took 1041 square meters of the land Kimcheon-si B.

From around that time, the Plaintiff has paid taxes while cultivating the instant land with its intention to own it, and “D”, the owner on the register of the instant land, is a clerical error of the Plaintiff, thereby seeking confirmation of ownership against the Defendant.

3. As seen earlier, the Plaintiff paid the tax imposed on the instant land. However, in light of the facts acknowledged as seen earlier, the actual owner or user, who is not a legal owner, can not be readily determined as a legal owner by the person liable for the payment of the property tax, and the owner of the instant land as “D and G,” on the land cadastre, is likely to be a clerical error in the portion of “D” and there is no J from among the descendants of D. In full view of the following circumstances, each of the items in subparagraphs 1 through 3 alone, is alone the land of this case.

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