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(영문) 서울중앙지방법원 2016.08.24 2016가단5052886
소유권확인
Text

1. It is confirmed that each land listed in the separate sheet is owned by the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Reasons

(b) cannot be deemed to have acquired ownership under the current civil law, which takes the form principle, and therefore a person who has obtained ownership transfer registration on the registry cannot apply for the preservation registration immediately in his/her future, and shall file a registration of preservation in the name of the first owner on the registry and thereafter file a registration of transfer.

Therefore, when there is no registered titleholder on the land cadastre or the forestry register of unregistered land, or when it is impossible to identify who is the registered titleholder (if the name or address of the registered titleholder is unknown), or when the state denies the ownership of a third party who is the registered titleholder, and the state continues to claim ownership, etc., it shall be deemed that there is a benefit to confirm the ownership of the land against the state.

(See the evidence and the above facts established prior to October 15, 2009. The judgment of the court below is based on the evidence and the above facts. Regarding each land of this case which is unregistered, the address shall be N, 114531-*****24 of February 18, 1926, the title of which was transferred to the owner of the land of this case. The title holder of the land of this case was registered as the owner of the land of this case on August 23, 196, and the title holder of the land of this case was registered as the owner of the land of this case on October 23, 196, and the title holder of the land of this case was not registered separately, or the title holder of the land of this case was registered as the owner of the land of this case on October 5, 1976, and it is reasonable to view that the title holder of the land of this case, which is merely the title holder of the land of this case, or the registration of the ownership transfer was recorded only in the name of the plaintiff's.

2. The plaintiff's claim for conclusion is justified.

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