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(영문) 대구지방법원 2016.09.07 2015가단127947
소유권이전등기
Text

1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's claim against the defendant A is dismissed.

3...

Reasons

1. Facts of recognition;

A. On June 28, 1911, C was subject to assessment of B maintenance 324 square meters (hereinafter “instant land”).

However, the land cadastre of this case includes only “D” the address of the owner C.

B. C died on March 12, 1951, and Defendant A solely inherited his property.

C. The instant land is incorporated as a site of F reservoir established by the Plaintiff in the land of Dong-dong, Si, Si, 1928, and is occupied by the Plaintiff from around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8 (including each number), fact-finding results on G in the time of Gyeongsan of this Court, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff: (a) purchased the instant land in around 1926 and paid the purchase price; (b) incorporated the land into the base of the F reservoir; and (c) has occupied the land in a peaceful manner with its own intent until 20 years since the completion of the installation of reservoirs in 1928.

However, since the registration of ownership preservation cannot be made because the address of C, who is the title holder of registration, is omitted in the land cadastre, the registration of ownership transfer against the defendant Republic of Korea is sought based on the confirmation that the land in this case is owned by the defendant A, and against the defendant A based on the completion of the prescription of possession.

B. In a lawsuit for confirmation of a claim against the defendant Republic of Korea, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is the most effective and appropriate means to determine the plaintiff as the confirmation judgment in order to eliminate the risk of uncertainty when the plaintiff’

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder in the land cadastre or forest land cadastre or forest land cadastre, or it is not known who the registered titleholder is, and the State shall register or register it.

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