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(영문) 서울중앙지방법원 2019.08.22 2019가단5067292
토지소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's first proposal;

A. The Plaintiff’s assertion real estate stated in the Plaintiff’s claim (hereinafter “instant real estate”) purchased ownership from the former owner C in around 1964, and is registered as the Plaintiff as the owner on the land cadastre. However, the above land cadastre asserts that the competent authority arbitrarily restored it on the taxation convenience before the enforcement of the Cadastral Act amended on December 31, 1975, without any legal basis, and that the pertinent land cadastre arbitrarily restored it on the taxation convenience without any legal basis, and that there is no presumption of right to the said description, and thus, it seeks confirmation against the Plaintiff that the Defendant had ownership of the instant

B. The reasoning of the judgment Nos. 1 through 17 (including paper numbers) alone is insufficient to acknowledge the fact that the owner of the instant real estate is the Plaintiff, and there is no other evidence to acknowledge it.

(A) The Plaintiff acquired the instant real property from the former owner on 1964. However, as the Plaintiff was a person, the Plaintiff could not acquire the ownership in accordance with the provisions of the Civil Act where the change in real rights due to a juristic act takes effect, since the Plaintiff did not complete the registration of transfer due to purchase, as the Plaintiff was a person.

A. Since the Plaintiff’s assertion was purchased from C to around 1964, the Plaintiff occupied and managed the instant real estate with its intention to own until now, and thus became the owner of the instant real estate upon completion of prescriptive acquisition.

Accordingly, it seeks confirmation of ownership against the defendant.

B. On the ground that the prescription period for the Plaintiff’s possession of the instant real estate was completed, the Plaintiff did not immediately acquire the ownership of the instant real estate, but only has the right to claim the transfer registration for the completion of the prescription period against the owner.

In this case, the state does not immediately seek confirmation that the ownership of the real estate in this case is the one who acquired the prescription, but has against the owner.

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