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(영문) 광주지방법원 2016.11.10 2016가단25688
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The determination as to the legitimacy of a lawsuit is based on the following: (a) the owner of land registered on the land cadastre B B prior to Gwangjubuk-gu (hereinafter “one parcel of land”) entered the unregistered land cadastre D ( Address E); and (b) C forest land cadastre C, 344 square meters (hereinafter “2 land”) entered the unregistered land as F ( Address E); and (c) the Plaintiff filed a lawsuit against D and F for the registration of ownership transfer on the ground of prescription acquisition under the Gwangju District Court Decision 201Da73484, Nov. 1, 201, and filed a lawsuit against D and F on October 10, 2012 against the Plaintiff on the ground of prescription acquisition under the Gwangju District Court Decision 201Da73484, Oct. 10, 2012; and (b) the F was declared to implement the procedure for the registration of ownership transfer on the ground of completion of prescription on January 1, 2011; (c) the said judgment became final by subrogation as to each of the above Nonparty’s respective above Nonparty’s registration of ownership transfer.

In the case of unregistered land, if there is a person registered as an owner on the land cadastre or the forest land cadastre, the registration of ownership preservation can be conducted with a judgment of confirmation of ownership against the title holder. Therefore, there is no benefit to seek confirmation of ownership against the State. If there is no title holder or the identity of the title holder is unknown, or if the State claims that the ownership is owned by the State while disputing the ownership of the title holder, there is a benefit to seek confirmation of ownership against the State. According to the evidence Nos. 1 through 4, the above D and F are registered as the owner of the land cadastre, and the heir, etc. is specified with a certified copy of the land cadastre.

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