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(영문) 대구지방법원서부지원 2019.11.27 2019가단3206
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The land cadastre of Daegu-gun District is unregistered real estate; and D on September 20, 1910, stating that the said land was assessed on September 20, 1910.

(B) The above land was divided on April 18, 2018, and the area of which was changed to 89 square meters; hereinafter “instant land”). On the ground of this case, there is a house 32.48 square meters (hereinafter “instant house”) on the ground of the building ledger stating that Plaintiff B’s father, is the owner.

The instant land and housing are unregistered until now.

B. From July 3, 1948, E resided in the instant housing from July 3, 1948, and died on March 9, 2006.

Plaintiff

A is the denial of E, and the plaintiffs B are the children of E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. From 1950 to 1950, Plaintiff B’s lighting division F of the Plaintiff’s assertion began to live after purchasing the instant land and housing from D, a landowner on the land cadastre at the time. The real estate sales contract prepared at the time was lost, and only D, a landowner on the land cadastre, did not complete the registration of ownership transfer because he did not make a registration of ownership preservation.

Since having occupied the instant real estate from F to F with its intention to own it, E had resided in this house until its death, and the Plaintiffs, who were the successors to possession, have occupied the instant land and housing until now.

Therefore, the Plaintiffs commenced possession from April 6, 199, which was the 20th anniversary of the point of time, as of April 17, 2019, and the acquisition by prescription of possession of the instant land was completed on April 17, 2019.

However, since the real estate of this case is currently unregistered and is currently unregistered and whose nominal owner is D, the plaintiffs seek confirmation against the defendant as to whether the land is the owner of the land of this case.

3. Determination on this safety defense

A. The defendant is the case of this case.

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