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(영문) 서울중앙지방법원 2017.08.23 2017가단5095576
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. According to the Land Survey Book drawn up in the Japanese occupation point period, the land Survey Book stated that E was subject to each of the circumstances on September 26, 1912, where 1,240 square meters, 1,240 square meters, and 221 square meters (hereinafter referred to as “instant assessment land”).

B. 1) Each land listed in the separate sheet from the land of this case (hereinafter “each land of this case”).

) The land of this case was partitioned and according to the Chinese-dok-type land cadastre for each land of this case, each land of this case was pointed out on June 20, 1955 as the answer (attached Form No. 1) and the road(s). The owner is written as F at the time of restoration. 2) Each land of this case is currently unregistered.

C.1) On the other hand, H, whose permanent domicile is in the G of the Gyeongldong-gun, died on March 1940, which led to the inheritance of Australia by both parties I (I, J). On March 20, 193, I succeeded to the property of the spouse K, K, L, M, and N, and on December 15, 2008, K died and succeeded to the property of K. 2) The Plaintiff, L, M, M, and N agreed on the division of inherited property that the Plaintiff independently succeeds to each of the instant land on May 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 2 and 3 (including each number), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant asserts that the plaintiff is seeking confirmation of ownership against the defendant in order to obtain compensation for each of the lands of this case, but the plaintiff can directly file a lawsuit for performance, but there is no benefit of confirmation.

B. The claim for confirmation of land ownership against one State continues to exist when that land is unregistered and its registrant is unknown on the land cadastre or forest land cadastre or land cadastre, or when it is unknown who the registrant is, and the State denies the ownership of a third party who is the titleholder of the registration or land cadastre.

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