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(영문) 청주지방법원 2015.10.06 2015가단104831
소유권확인
Text

1. The Plaintiff:

A. Defendant Republic of Korea confirms that the land listed in attached list No. 1 is owned by the Plaintiff.

Reasons

1. Facts of recognition;

A. The land listed in the attached list No. 1 (hereinafter referred to as the “instant building”) and the building listed in the attached list No. 2 (hereinafter referred to as the “instant building”) are unregistered real estate. The land cadastre of this case is indicated as the owner’s name “B” as the land cadastre of this case, and its address is indicated as the owner’s name on December 15, 1912. The land cadastre of this case is indicated as the “C,” and the building management ledger of this case is registered as the owner’s name, and its address is indicated as D’.

B. Meanwhile, the deceased E was born and the place of birth and the place of death were F, and the deceased on May 2, 197, and the deceased on May 2, 197 succeeded solely to the property of the deceased E, and the old designation of the above “G” is “C”.

C. The plaintiff and the deceased E are the descendants of the I clan that made H as a Si of H (hereinafter "I clan"). The above clan was examined on December 15, 1912 under the name of the deceased E according to the trust agreement with the deceased E, and around 1945, the building of this case was newly constructed on the land of this case and registered under the name of the deceased E in the building management ledger according to the trust agreement with the deceased E.

I has used the land and buildings of this case as a clan settlement room until now.

In addition, local taxes on the instant land and buildings were imposed on the Plaintiff from 1995 to 2004, and they were imposed on the I clan from 2005 to 2005.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 8 (including each number), the purport of the whole pleadings

2. Determination on Defendant Republic of Korea’s defense prior to the merits

A. Defendant Republic of Korea asserts that the Plaintiff has no interest in seeking confirmation of ownership of the instant land.

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or it is impossible for the State to identify who the registered titleholder is.

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