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(영문) 대구지방법원서부지원 2014.06.26 2013가단30305
소유권확인
Text

1. It is confirmed that the Daegu-gun road B is owned by the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 5 (including the whole number; hereinafter the same shall apply).

Before the subdivision, Daegu-gun District Court Decision 764 square meters (hereinafter “Before subdivision”) was divided into the land listed in paragraph (1) of the order (hereinafter “instant land”) on May 1, 1916, 48 square meters (hereinafter “D”) and 72 square meters (hereinafter “E”) before Daegu-gun, Daegu-gun, and the land listed in paragraph (1) of the same Article (hereinafter “instant land”).

B. On October 10, 1910, the land cadastre of D land was assessed by F on October 10, 1910, and on June 23, 1914, G is written as acquiring ownership, and G is written as its owner on each land cadastre of E and this case’s land.

C. On June 14, 1917 with respect to D land and E, the name correction registration was made with “I located in H” on June 14, 1917, but the said G name remains as to the instant land.

On April 1, 1951, I, a plaintiff, died and succeeded to I's property as a family heir according to the custom at the time.

E. At present, the instant land is unregistered.

2. Since the defendant asserts that the lawsuit of this case by the plaintiff against the defense prior to the merits of this case is unlawful because there is no benefit of confirmation, the registration of ownership preservation on the land shall be filed only by the person first registered as the owner on the land cadastre or the forest land cadastre, his/her heir, or other general successor (Article 65 subparagraph 1 of the Registration of Real Estate Act), a person who proves his/her ownership due to expropriation (Article 65 subparagraph 2 of the Registration of Real Estate Act), and a person who proves that he/she acquired ownership due to expropriation (Article 65 subparagraph 3 of the same Act). As such, the person who received the registration of ownership transfer on the register cannot immediately file an application for the registration of preservation in his/her future, and the registration of

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