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1. It is confirmed that the paddy field B 1,769 square meters is owned by the Plaintiff in Chungcheongnam-si.
2. The costs of lawsuit shall be borne by each person;
Reasons
Facts of recognition
The land cadastre is unregistered, and D was assessed on February 28, 1914. On April 13, 1936, E transferred its ownership, and on January 14, 1980, the Plaintiff stated that it was subject to change of ownership under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094).
Since then, the land area of 1660 square meters in Chungcheong-gun C was 1,769 square meters in Chungcheongnam-si due to the land substitution following the division rearrangement on February 15, 1998.
(hereinafter “instant real property”). The instant real property is currently unregistered land.
[Ground of recognition] A without any dispute, each entry in Gap's evidence Nos. 1 through 3 (including virtual numbers), and the inquiry result about the Chungcheong market, the defendant asserts that there is no benefit to seek confirmation of ownership as the land whose owner is clearly confirmed to be "D," although the real estate in this case was unregistered land but its owner is clearly confirmed to be "D."
In light of Article 130 of the former Registration of Real Estate Act (wholly amended by Act No. 10580, Apr. 12, 2011), if the plaintiff cannot prove that he/she is the owner by a certified copy of land cadastre or a certified copy of the forest land cadastre in the registration of preservation of ownership of the real estate of this case, the registration of preservation of ownership shall be conducted by proving his/her ownership by the judgment, and if the state agency, the competent authority, raises a dispute over the plaintiff's ownership, the lawsuit to obtain such judgment may be brought against the State.
(See Supreme Court Decision 9Da34390 delivered on July 10, 2001). In light of the above legal principles, the real estate in this case is unregistered and its land cadastre does not contain any information other than FD in its name, and according to the fact-finding results of the G pages, the real estate in this case is its domicile or domicile.