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(영문) 대구지방법원 김천지원 2018.12.13 2017가단34987
소유권확인
Text

1. Defendant Republic of Korea shall enter Defendant B, C, D, E, F, G, I, J, K, L, and M in the attached inheritance share sheet.

Reasons

1. Basic facts

A. Examining the land cadastre of 374m2 (hereinafter “instant land”) in Kimcheon-si, Kimcheon-si (hereinafter “the instant land”), only states that the O, whose address is “Ydong-gun,” was in fact on November 11, 1911, was written, and no other information, such as the specific address and date of birth, is written.

B. Q, whose main purpose is Chungcheongnam-dong P, Chungcheongnam-dong, died on November 5, 1978, and succeeded to the rights and obligations of wife R, runaways S, Australia’s heir, Defendant G, and tea’s net Q. On June 30, 1985, R succeeded to the rights and obligations of children S, T, and Defendant G’s property of the network R.

C. On June 10, 1992, T succeeded to the property rights and obligations of Defendant I, J, K, L, and M, who is his wife U, his child, and U succeeds to the property rights and obligations of Defendant I, J, K, L, and M as his child on May 11, 2009.

S died on June 21, 2006 and succeeded to the net S’s property rights and obligations. The Defendant B, C, D, E, and F, a child, succeeded to the net S’s property rights and obligations.

E. The Plaintiff’s Chocheon-si and the Plaintiff’s father W resided on the ground of the instant land. The Plaintiff occupied the instant land by occupying it in Kimcheon-si around June 24, 1991 while residing in N around June 24, 191.

F. The instant land is currently unregistered.

[Identification Evidence] In the absence of dispute, each description and image of Gap evidence 1 through 6 (including each number in the case of additional number), X pages of this Court, and the fact inquiry results of each fact inquiry about Y, the purport of the entire pleadings

2. Judgment on the main defense of this case

A. The Plaintiff’s claim is unlawful, since Defendant Republic of Korea’s main defense does not have a benefit to seek confirmation of ownership against the State.

B. A claim for confirmation of land ownership against the State is an unregistered land cadastre and cannot be identified as the registrant on the land cadastre or forestry register, and the State continues to assert state ownership while denying the ownership of a third party who is the titleholder of the registration or enrollment.

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