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(영문) 대구지방법원 경주지원 2018.06.26 2018가단179
토지소유권확인
Text

1. Defendant Republic of Korea confirms that each land listed in the separate sheet is owned B.

2. Defendant B shall be the Plaintiff.

Reasons

Basic Facts

A. Each land listed in the separate sheet (hereinafter “each land of this case”) was divided into unregistered land and 162m2m2 on March 4, 198.

B. As to each land of this case, each land of this case is indicated as being examined in the name of October 17, 1912.

The address of B on the above land cadastre is described only as “B at the time of border,” and the resident registration number of B is not specified.

C. On November 11, 1997, the Plaintiff purchased a house of 651 square meters and above ground from E in 1997, which was used as a marina or access road at the time of the purchase, and the portion corresponding to each of the instant land out of C before the subdivision was also purchased and received the possession thereof.

From that time, the Plaintiff resided in the above house and used each of the instant land as a marina or access road, and has occupied it up to now.

E. On November 18, 1997, the Plaintiff completed the registration of ownership transfer on F land and on the ground.

[Ground of recognition] B B B B between the Plaintiff and Defendant Republic of Korea: The absence of dispute, Gap evidence Nos. 1, 2, 3, 4, 5 (including provisional number), the purport of the entire pleadings, and the purport of the entire pleadings: Gap evidence Nos. 1, 2, 3, 4, 5 (including provisional number), and the purport of the entire pleadings

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

A. The gist of the assertion by the defendant Republic of Korea is that there is a nominal owner of each land of this case and who is the nominal owner is not clear. Since the State did not assert ownership of each land of this case, the plaintiff's claim against the defendant Republic of Korea does not have interest in confirmation.

In addition, since the Plaintiff cannot be deemed to have the right to claim the registration of ownership transfer concerning each of the instant lands, the obligee subrogation lawsuit against the Defendant Republic of Korea is inappropriate as the preserved claim is not recognized.

B. According to Article 65 of the Registration of Real Estate Act, determination on the assertion that there is no benefit in verification is self-existent.

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