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(영문) 대구지방법원김천지원 2016.11.09 2016가단32571
소유권확인
Text

1. As to the 1,190 square meters of H woodland in Kimcheon-si, Defendant Republic of Korea, the remainder of the Defendants indicated in [Attachment 1] shares in inheritance.

Reasons

1. As to the claim against the defendant in Korea

A. As to this safety defense, the above defendant 1) against the above defendant 1,190 square meters of H-si Kimcheon-si H Forest (hereinafter "the forest of this case")

2) The claim for confirmation of land ownership against the country of judgment has no interest in seeking confirmation of ownership. (2) The claim for confirmation of land ownership has no interest in such confirmation only when the land is unregistered and there is no registered titleholder or who is the registered titleholder on the land cadastre or the forest land cadastre, and in special circumstances where the State denies the ownership of a third party who is the registered titleholder and continues to claim state ownership.

(See Supreme Court Decision 95Da14817 delivered on July 25, 1995. The forest of this case is unregistered forest, and since the forest of this case is when the registrant’s address or resident registration number is not indicated in the forest register and it is impossible to identify who is the registrant. Thus, the plaintiff has a benefit to seek confirmation of ownership of the forest of this case against the defendant Republic of Korea by subrogation of the defendants except the defendant Republic of Korea with the right to claim the registration of ownership transfer based on sale as preserved bonds (hereinafter “Bmer defendants”).

Therefore, the above defendant's main defense is without merit.

B. As to the main text, “I” is indicated as being subject to the assessment of the instant forest land on October 30, 1917 in the forest survey report.

B) The instant forest land is unregistered until now, and the owner’s column of the old forest land register and the present forest land register is indicated only as “I”, and no address, resident registration number, etc. are indicated therein. C) The network J’s original copy is indicated as “K of the Gyeong-do Kimcheon-gun, Gyeong-do.” On February 28, 1973. The inheritance relation was deceased on February 28, 1973. The instant forest land is identical to the attached Form “the inheritance calculation table” and “final inheritance shares.” E) after the death of the networkJ.

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