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(영문) 대구지방법원경주지원 2014.02.18 2012가단1033
소유권확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 3, 1912, E was subject to assessment of the size of 1226 square meters (hereinafter “Before subdivision”) prior to the racing-si.

B. On July 30, 1959, the land before subdivision was divided into 618 square meters (hereinafter “instant land”) and 608 square meters prior to G on July 30, 1959.

C. On November 20, 1965, the land category of 618 square meters prior to Sejong-si was changed to “the answer.”

H completed registration of ownership preservation on February 11, 1995 with respect to 608 square meters prior to G in racing in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502).

【Fact-finding without a dispute over the grounds for recognition, entry of Gap evidence 1, 7-1 and 8, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the plaintiffs' assertion is that Non-party I purchased the land before subdivision from the deceased person's name in 1930 and occupied the land before subdivision. Around that time, the non-party He succeeded to the possession on his own as he died. As the above J died on October 11, 1986, the non-party He succeeded to the possession solely by his own child. He acquired the land before subdivision on October 12, 2006 after the lapse of 20 years of the acquisition by prescription from October 12, 1986, and as the above H died on February 19, 201, the plaintiff and the self-employed plaintiff B and C, his spouse, were jointly succeeded to the property of H.

Meanwhile, since the instant land divided from the land before subdivision is unregistered land and its land cadastre alone cannot be identified, there is a benefit to seek confirmation of whether the instant land is owned by the Plaintiffs against the Defendant.

B. The claim for ownership transfer registration due to the completion of the acquisition by prescription is merely an obligatory right against the current owner who loses ownership by prescriptive acquisition. Therefore, the claimant who claims the ownership transfer registration due to the completion of the acquisition by prescription against the State at the time of the completion of the acquisition by prescription.

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