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(영문) 대구지방법원 2015.11.24 2015가단23991
소유권확인등
Text

1. Defendant Republic of Korea confirms that the forest C, Daegu Northern-gu, 250 square meters is owned by Defendant B.

2. The defendant B.

Reasons

1. Determination on the claim against Defendant Republic of Korea

A. The above defendant is registered as the defendant B on the land cadastre of Daegu North-gu C Forest land No. 250 square meters (hereinafter "the land in this case"), and the above defendant does not dispute the owner of the land in this case. Thus, the plaintiff's claim for confirmation of ownership against the above defendant against the above defendant is unlawful as there is no benefit of confirmation.

According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor is the owner in the land cadastre or the forest land cadastre by a certified copy of the land cadastre or the forest land cadastre register may apply for registration of ownership of the land. A person who is not entitled to such certification by the register can apply for registration of ownership of the land by proving his/her ownership by the court ruling. However, in cases where part of the indication of owners on the land cadastre of unregistered land is omitted and the ownership on the register cannot be specified, the owner cannot make registration of ownership of the land by the ledger. Thus, there is a benefit to seek confirmation of ownership of the land against the State

(See Supreme Court Decision 9Da34390 delivered on July 10, 2001, etc.). If there is no dispute between the parties, or if the purport of the entire pleadings is added to the statements in the evidence Nos. 1-2, 1-2, 1-2, 2, and 1-2 in this case, the land in this case is unregistered real estate and is registered for the restoration of its owner on June 20, 195, and barring any special circumstance, it is presumed that it is owned by Defendant B as the owner of the land cadastre.

However, since the land cadastre of this case does not include the address, resident registration number, etc. in addition to the name of Defendant B, the Plaintiff cannot specify the land cadastre owner, the name of Defendant B.

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