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(영문) 창원지방법원진주지원 2017.12.07 2017가단3440
소유권확인
Text

1. It is confirmed that the forest land B in Gyeong-dong, Chungcheongnam-gun is owned by the Plaintiff;

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. As to the instant forest land, 562 square meters of forest land B (former 170 square meters of forest land in the same Ri; hereinafter “instant forest”) is unregistered forest land; according to the Gu’s land cadastre, the forest land is comprised of D S and T with a person who has a domicile in “Cri” on February 2, 1915.

This is the forest land under this assessment.

The current land cadastre regarding the forest of this case is indicated as “E” in the name of the person who received the assessment.

B. With respect to the Plaintiff’s assistance network E (F) and the inheritance of its property, the permanent domicile on the Plaintiff’s assistance unit E (the Plaintiff’s assistance unit) is Sinnam-do Hadong-gun G. The network E died on May 4, 1938, and there was a Sinnam-do Hannam-do Hannam-do Ham I and Trinam-nam, the son-do Hamnam-do Ham. The Hamnam-J was deceased on May 20, 1948, and the Hamnam-Ma died on May 20, 1948, and the Hamnam-si Ha [the Hamdong-gu Hamdong-dong Ham-dong Ham-dong Hamk was written as I, but is written as K

[3] On September 27, 1953, the deceased on September 27, 1953. The Samnam NetJ died on February 22, 1997. 2) The deceased J property heir has L, children, M, N,O, P, Q, Plaintiff (part of the removal) who is the spouse, but the deceased J property heir completed the agreement on the division of inherited property owned by the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-5 evidence (including a satisfy number), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant's assertion does not have conflicting interests, such as actively disputing or interfering with the plaintiff's ownership of the forest of this case, so there is no interest in seeking confirmation of ownership against the defendant.

B. In light of Article 130 of the Registration of Real Estate Act, if the ownership of real estate cannot be proved by a certified copy of land cadastre or a certified copy of the forest land cadastre in the registration of ownership preservation, the registration of ownership preservation shall be conducted by proving the ownership by the judgment.

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