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(영문) 서울중앙지방법원 2020.04.28 2019가단14453
토지소유권확인의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 19, 1928, the previous 5,454 square meters of the 340 square meters and the previous 5,114 square meters of the 340 square meters and the previous 5,114 square meters of the 340 square meters. The above B’s land category was changed to a building site on September 23, 1931.

(hereinafter referred to as “instant land”), B, 340 square meters,

The current land cadastre (No. 1 and No. 1) as to the land of this case was drawn up on September 4, 1978, which was after the amendment of the Cadastral Act on December 31, 1975, and the ownership column for the above land cadastre was written on September 3, 1913, and was written on September 25, 197, as the first owner E (E address, resident registration number, etc.) was written on September 3, 1913, and on the ownership column for the land cadastre (No. 2) as the first owner E, Nov. 26, 1940, as the first owner E, as the name on Nov. 26, 1940, as the name on Apr. 18, 1943, H (H address: I), August 9, 194, and as the transfer of each ownership to J on October 25, 197.

C. The Plaintiff was born from I to the head of the Dong K, and the Dong K died on February 16, 1955.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1, 2 and 6, or the purport of the whole pleadings.

2. The plaintiff's assertion

A. 1) The deceased K and the instant land are the same person, and the Plaintiff, as the head of the deceased K, succeeded to the ownership of the instant land. 2) The Plaintiff occupied the instant land and occupied the instant land by the Preliminary Claim K as the head of the deceased K. The Plaintiff, as the head of South and North Korea, was occupying the instant land since 1981, while the Plaintiff, as the head of South and North Korea, continuously occupied the instant land, was occupying the instant land by leasing it to L from July 8, 2019.

3. However, inasmuch as the instant land is unregistered, and there is no personal information E, an assessment titleholder for the land cadastre of the instant land, and thus, a claim for confirmation of ownership is filed against the Defendant in order to obtain an application for ownership transfer registration.

B. As alleged above in the conjunctive claim, the Plaintiff is the executor of the statute of limitations for the acquisition of possession of the land of this case.

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