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(영문) 대구지방법원김천지원 2019.09.10 2019가단30477
소유권확인
Text

1. It is confirmed that each real estate listed in the separate sheet between the primary defendant and the plaintiff is owned by the plaintiff.

2...

Reasons

1. Basic facts

A. G operated livestock farming business at a money shed constructed on the land, such as the Gu, Si, Si, si, H 434 square meters, 420 square meters in I Miscellaneous land, J 1,14 square meters in J Do, 589 square meters in K river, L 1,239 square meters in L, M-source 2,029 square meters in a M-source, N, 1,230 square meters in a 1,856 square meters in an O miscellaneous land (hereinafter “each of the instant land”), P, and Q.

B. On each land of this case, each stable and wastewater treatment plant (hereinafter “each building of this case”) indicated in the separate sheet, which are unregistered buildings, are constructed. The building ledger for each building of this case managed by the defendant Gumi-si, is registered as G, R, F, S (resident C).

C. G died on July 28, 2007, and around July 28, 2007, the Plaintiff, the spouse of the network G, and U,V, and W, who are their children, agreed on the division of inherited property to inherit each of the buildings of this case by the Plaintiff alone.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 9 (including paper numbers), Eul evidence Nos. 2, 6, and 7, the purport of the whole pleadings

2. Claim against the primary defendant;

A. The primary defendant asserts to the effect that the lawsuit of this case against the primary defendant is unlawful as there is no benefit of confirmation, since the primary defendant does not dispute the ownership of each of the buildings of this case, but does not dispute the ownership.

Where a building ledger has been created but another person is registered as the owner, or where the column for indicating the owner of the building ledger is a disturbance, or where it is impossible to identify the owner due to some omission in the indication of the owner, etc., the person claiming the ownership of the building may apply for registration of preservation of ownership by proving ownership by judgment pursuant to Article 65 subparagraph 2 of the Registration of Real Estate Act

(see Supreme Court Decision 2009Da93428, Nov. 10, 201). Furthermore, keeping and managing a building management ledger is the inherent office of a Si/Gun/Gu, which is a relevant local government, and the other party to a lawsuit seeking confirmation of ownership of an unregistered building.

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