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(영문) 대구지방법원서부지원 2017.09.06 2016가단63269
소유권확인
Text

1. All of the plaintiffs' lawsuits against the defendant are dismissed.

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

Reasons

1. Basic facts

A. 3,935 square meters prior to I (hereinafter “instant land”) in Seongbuk-gun, Sung-gun, Chungcheongnam-do (hereinafter “instant land”) does not present the relevant register.

B. On August 21, 1912, the land cadastre of the instant case was registered as the assessment of the instant land by the “J”, and the address of the J on the above land cadastre is indicated as K, and the current owner of the instant land is currently registered as M with the address in the “Gyeongbuk-gun L, Gyeongbuk-gun,” respectively.

C. On February 11, 1976, Plaintiff A’s spouse, the rest of the Plaintiffs as M’s children and grandchildren, and M died after having left the Plaintiffs as his heir or substitute heir.

(hereinafter referred to as “the deceased”). 【No dispute exists; Gap evidence Nos. 1 through 6; Eul evidence Nos. 1 and 2 (including virtual numbers); each fact inquiry reply to Sung-gun and N-Eup; the purport of the whole pleadings;

2. The parties' assertion

A. The Deceased alleged by the Plaintiffs purchased and owned the instant land on January 15, 1950, but thereafter, the deceased was registered as the owner of the said land only on the land cadastre due to the loss of the registry.

The plaintiffs applied for registration of preservation of ownership of the above land as the heir of the deceased, but the registration was rejected on the ground that the deceased was not the first owner on the land cadastre.

However, the J, which was recorded as the first owner of the instant land on the land cadastre, cannot file a lawsuit against J to confirm the ownership of the said land due to uncertainty of its address, and thus, the Plaintiffs seek confirmation of ownership of the said land against the Defendant for the preservation of ownership.

B. The Defendant’s instant lawsuit is unlawful as there is no benefit of confirmation.

3. When a claim for confirmation of land ownership against the country which judged the legitimacy of the lawsuit is filed, and the land is unregistered and no registrant exists on the land cadastre, or the identity of the registrant is unknown, and the State is a third person who is a registered titleholder.

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