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(영문) 대구지방법원 2016.06.02 2016나300344
소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. The conjunctive claim shall be dismissed at the trial.

3. Appeal.

Reasons

1. Basic facts

A. The land survey book prepared in 1912 as to the land of this case, which is unregistered land, is indicated as C (resident: M) being subject to assessment, and the owner was restored to D on March 31, 1952 on the old land cadastre.

B. H, I, J, K, and L are those decedents of D, and their inheritance shares are one fifth of each.

C. On the instant land, there are 40.44 square meters of a single-story housing (hereinafter “instant building”) unregistered buildings, and on the building ledger, the network E (hereinafter “the network”) is registered as the owner.

On August 2, 2014, the Deceased died, and as his inheritor, F and G, the wife of the Plaintiff, children, and the Plaintiff, F and G agreed on September 8, 2015 to inherit the instant building and land independently.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 through 14 (if there are serial numbers, each number number distribution), the purport of the whole pleadings

2. Judgment as to the main claim

A. From July 1, 1965, the Deceased, a primary cause of the claim, occupied the instant land from around July 1, 1965, and acquired ownership on July 1, 1985 due to the completion of the prescription for possession. The Plaintiff inherited the instant land solely.

As the instant land was unregistered and its land cadastre was restored at the time when the former Cadastral Act became effective, registration of preservation of ownership by a certified copy of the register cannot be applied for. The Plaintiff, who is a person entitled to registration, filed a lawsuit for confirmation of ownership against the State, and obtained a judgment confirming that the instant land is owned by the Plaintiff, but can file an application for registration of preservation of ownership in the future of the Plaintiff by such judgment

B. The completion of the period of acquisition by prescription of the relevant legal doctrine does not directly take effect by the completion of the period of acquisition by prescription, but rather, the claim for registration for the acquisition of ownership by reason of such fact arises, and the period of acquisition by prescription is called an unregistered real estate.

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