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(영문) 제주지방법원 2020.12.08 2017가단5593
소유권이전등기
Text

The plaintiff's lawsuit against the defendant is dismissed.

2. 피고 1∽28은 원고에게 별지 부동산 목록 기재...

Reasons

Basic Facts

A. On August 1, 1913, the Plaintiff’s high tideline C (the death of April 6, 1932) was examined as to the real estate listed in [Attachment List 1 and 2] on August 1, 1913. On October 8, 1925, the Plaintiff completed the registration of preservation of ownership as to the real estate listed in [Attachment List 3] on October 8, 1925 (the above real estate collectively referred to as “the instant real estate,” and it is specified as “real estate recorded in the order”).

B. The network C’s property was inherited by the South-North net B, and the network D inherited the instant real property to the South-North net E, the network E, to the South-North net F, and the network F (Death on December 7, 1995) to the Plaintiff, respectively.

C. The Plaintiff, while occupying and managing the instant real estate from the time when the netF died, is presiding at the beginning and filing of a lawsuit in favor of the said real estate.

망 B의 상속인들의 상속과 대습상속 등으로 원고가 이 사건 부동산들 중 50,400/2,646,000 지분을, 피고 1∽28이 별지 표 ‘상속지분’란 기재와 같이 각 상속하였다.

[Reasons for Recognition] The facts without dispute, Gap 1 to 58 statements (including the number of pages; hereinafter the same shall apply), the purport of the whole pleadings

2. Where a claim for confirmation of land ownership against the State regarding the interest in a lawsuit against Defendant Republic of Korea is unregistered and the land is no registered titleholder in the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, if the presumption of right is not recognized in the entry on the owner of land cadastre or forest land cadastre for unregistered land or forest land cadastre, or in exceptional circumstances, such as the State’s refusal of ownership by a third party and continuing to claim ownership by the State, etc., according to the evidence adopted earlier, the real estate mentioned in Nos. 1 and 2 is indicated as a registered titleholder in the unregistered or land cadastre, and the Defendant Republic of Korea owns the registered titleholder with respect to the said real estate.

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