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(영문) 광주지방법원 2019.09.05 2018가단15159
소유권이전등기
Text

1. Of the instant lawsuit, the part of the claim for ownership confirmation shall be dismissed.

2. The plaintiff's remaining claims against the defendant.

Reasons

1. Basic facts

A. The area of 102 square meters prior to Gwangju Northern-gu E was assessed against the wife G of the network F, and the area of 122 square meters prior to H (hereinafter “I Dong”) was assessed against J.

B. On May 2, 1972, E: (a) the area of 102 square meters prior to E was divided into 89 square meters prior to C, and 13 square meters prior to K; and (b) the area of 122 square meters prior to H was divided into 102 square meters prior to D and 20 square meters prior to L.

B. Since August 24, 1996 with respect to the land No. 1 of this case, the public notice of non-owned real estate was made, and on December 21, 1996, the registration of preservation of ownership was completed in the future for the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. Determination as to the legitimacy of the part of the claim for confirmation of ownership among the instant lawsuit

A. The Plaintiff asserted that, around February 27, 1973, M, the Plaintiff’s server, purchased the land No. 2 of this case that was unregistered from N, and for 20 years thereafter, he/she occupied the land No. 2 of this case in peace and openly with the intent to own the land for 20 years thereafter, the Plaintiff asserted that he/she acquired the prescription of the land No. 2 of this case, and sought confirmation of ownership of the Defendant.

B. In a lawsuit for confirmation of confirmation, the benefit of confirmation is recognized as the most effective and appropriate means when there is a dispute between the parties as to the legal relationship subject to confirmation, and the plaintiff's legal status is at risk of apprehension.

Moreover, the claim for confirmation of land ownership against the country is not unregistered and is not known as the registrant on the land cadastre, and there is a benefit of confirmation only when there are special circumstances, such as the state's refusal of ownership by a third party who is the titleholder of registration or enrollment, and the state continues to claim ownership.

(see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994). In addition, the ownership of land by completing the prescriptive acquisition pursuant to Article 245(1) of the Civil Act.

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