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(영문) 창원지방법원밀양지원 2019.05.15 2018가단12522
소유권확인
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The Plaintiff, among the buildings listed in the attached Form, Defendant B, C, and C.

Reasons

1. Basic facts

A. On November 6, 2007, the Plaintiff acquired the ownership of the J land (hereinafter “instant land”).

B. The instant building owned by K with unregistered buildings on the instant land, and K died on December 26, 1995.

C. On March 9, 2012, the Plaintiff filed a lawsuit against K’s wife seeking removal of the instant building and delivery of the instant land by Changwon District Court 201Kadan6207, and on March 9, 2012, the decision of recommending reconciliation was finalized.

(hereinafter “instant agreement”). 1. L.D. waives all rights to the instant building and orders the Plaintiff to do so.

2. The Plaintiff recognizes L to L the right to use the instant land and buildings until L dies.

3. Defendant B guarantees the obligations of paragraph 1 upon L death. D.

K died and there was wife L, children net M, Defendant B, C, and E.

The deceased on November 8, 2004, there are Defendant F, Defendant G, and I, the wife of which is the heir.

L died in 2018.

[Ground of recognition] Defendant C: The purport of the entire entries and arguments in Gap evidence Nos. 1 through 4, and the remainder of the defendants except the defendant C (hereinafter referred to as "Suss defendants"): Confession

2. The assertion and judgment

A. 1) The Plaintiff’s assertion on the claim for confirmation of ownership acquired ownership of the instant building in accordance with the instant agreement, and thus, the Plaintiff seeks confirmation from the Defendants for registration of ownership preservation of unregistered buildings. 2) On its own initiative, the Plaintiff’s assertion on the claim for confirmation of ownership is deemed lawful.

Even if a transferee of unregistered building has not completed the registration of ownership transfer, he can not acquire the ownership of that building unless he/she has completed the registration of ownership transfer, and he/she can recognize any comprehensive right or legal status, such as the de facto ownership or the right of use, profit or disposal equivalent

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