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(영문) 울산지방법원 2017.07.12 2016나24178
소유권확인
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The land in Ulsan-gu B forest land in Ulsan-gu (hereinafter “instant land”) is unregistered land.

B. On April 15, 1912, the land cadastre of the instant land is indicated as being examined by C, and the address of C is not indicated in C’s land cadastre.

C. Ulsan-gun-gun G (hereinafter “the deceased”) died on July 7, 193.

[Ground of recognition] Facts that there is no dispute, entry of Gap evidence 1, fact-finding results of fact-finding with the head of Ulsan District Court of the first instance, and the purport of the whole pleadings

2. C and the deceased, the assessment titleholder on the land cadastre of the Plaintiff’s assertion, are the same person.

Before the death of the deceased, the deceased actually adopted the deceased D as an adopted child and lived together.

The instant land was inherited before the Plaintiff, who is the deceased’s spouse, the deceased’s owner, the deceased’s owner, the deceased’s D, and the deceased’s spouse, and thus, the present owner of the instant land is the Plaintiff.

3. Determination on this safety defense

A. Although the Defendant’s assertion is unregistered land, there is no benefit to seek confirmation of ownership because it does not fall under the case where the registrant or the identity of the registrant is unknown as the land is confirmed by the above-mentioned owner.

B. According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor was registered as an owner in the land cadastre or forest land cadastre by a certified copy of the land cadastre or forest land cadastre register may apply for registration of preservation of ownership of the land. A person who is not entitled to such certification by the register is entitled to apply for registration of preservation of ownership by proving his/her ownership by means of a judgment. However, in cases where the part omitted in the indication of owners on the land cadastre of unregistered land is impossible to identify the owners on the register, the owner

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