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(영문) 대구지방법원경주지원 2016.01.12 2015가단10069
소유권확인
Text

1. Defendant Korea’s real estate stated in the separate sheet is Defendant B, C, D, E, F, G, H, I, J, K, L, M, N,O, and P.

Reasons

1. Facts of recognition;

A. Each land listed in the separate sheet (hereinafter “instant land”) is currently unregistered and indicated in the current state of land cadastre on September 30, 1912 (attached Form 1 through (6)) and Qua as of November 14, 2017 (attached Table 7).

B. The remaining Defendants except the Defendant Republic of Korea are those who have succeeded to Q’s property in succession as shown in the attached inheritance list, and the above Defendants’ inheritance shares are as listed in the attached inheritance shares list.

【Defendant, M, N, P: Each entry of the evidence Nos. 1 through 7, 1-1 through 11, and 3-1-3 of the evidence No. 1-7, and the fact inquiry result of this court's racing-si R, the whole purport of the pleading, and the remaining Defendants: Confession under Article 150(3) of the Civil Procedure Act

2. Determination on Defendant Republic of Korea’s defense prior to the merits

A. Defendant Republic of Korea asserts that, even if the instant land was not unregistered, Defendant Republic of Korea’s purport of the defense prior to the merits of this case’s land is a state in which the person under whose circumstances and his successors can be specified, and Defendant Republic of Korea does not deny the ownership of the person under whose circumstances the instant land and his successors. Therefore, the Plaintiff did not have a benefit to seek confirmation of ownership of the instant land against

B. A claim for confirmation of land ownership against the State is not a land cadastre and is not a registered titleholder on the land cadastre or forest land cadastre, or it is not known who the registered titleholder is, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is a registered titleholder, and the State continues to assert the ownership.

(2) In light of the above legal principles, the land in this case is unregistered, in full view of the purport of the entire pleadings in each of the entries in the evidence No. 1-7, i.e., lives and evidence No. 1-1 to No. 7.

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