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(영문) 대구지방법원서부지원 2019.08.22 2017가단57230
소유권확인
Text

1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's claim against the defendant A is dismissed.

3...

Reasons

1. Facts of recognition;

A. On April 26, 1911, the land cadastre prepared at the time of Japanese colonial rule with respect to the 945 square meters of the maintenance B, an unregistered land (hereinafter “instant land”), which is an unregistered land, was classified as “D” and the land category on March 4, 1945 changed from “B” to “maintenance.”

B. On March 31, 1987, the elderly group registered the F reservoir E in the elderly group of North Korea as a farmland improvement facility. On September 14, 1998, the elderly farmland improvement association transferred the above F reservoir and other repair facilities to the above F reservoir.

C. On January 1, 2000, an elderly farmland improvement association was merged into the Korea Agricultural and Rural Infrastructure Corporation. On December 29, 2005, the name of the Korea Agricultural and Rural Community Corporation was changed to the name of the Korea Agricultural and Rural Community Corporation, and on December 29, 2008, the name was changed to the Plaintiff.

2. On July 4, 1944, from around July 4, 1944, the Plaintiff’s assertion that the elderly group created a site for a small field in the neighboring land, including the instant land, to ensure the repair safety of the rice monet of the elderly group. The Defendant completed the F reservoir on December 31, 1945.

Since then, the elderly farmland improvement association, which is the overall transfer of the plaintiff, comprehensively succeeded to the rights and obligations of the land of this case from the elderly group, and even until now, the plaintiff occupies the land of this case in a peaceful manner with the intention of ownership over

Therefore, the Defendant A, who succeeded to the instant land as the Australia heir on June 21, 1957, who is the title holder of the instant land, died on June 21, 1957, and succeeded to the instant land, is obligated to implement the procedure for ownership transfer registration for the Plaintiff on the ground of the completion of the prescriptive acquisition by the filing date of the instant lawsuit.

In addition, the registration of ownership transfer cannot be completed in the name of the plaintiff because the registration of ownership transfer of the land of this case cannot be completed in the name of the defendant who inherited D's property under the name of the defendant who succeeded to D's land because the land cadastre of this case, which is unregistered land land, is not indicated in the land cadastre of this case, the name of

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