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(영문) 수원지방법원성남지원 2016.11.09 2016가단13467
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. At present, the Plaintiff: (a) held title trust with C, a representative, and C, a subsidiary of the Plaintiff; and (b) as a result, D entered “B-gun F Land Survey Report (hereinafter “instant Land Survey Report”) as the owner of the instant land.”

B. Former 387 E was changed from September 20, 1960 to G, and the same day was divided into 241, B50 and H total 96 on the same day.

C. Thereafter, on November 20, 1972 G G 241, G 9 and 232, B 50, B 9 and 41, and H 96, respectively, was divided into H 72 and 24, respectively.

On October 5, 197, the area was 30 square meters, and on March 21, 2001, the name of the administrative district was changed to Gwangju City, respectively.

(hereinafter “instant land”). (e)

The land in this case is unregistered land, and its land cadastre is written as the owner on February 6, 1975 on the ground that the plaintiff was the owner's restoration.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through Gap's evidence 11, Eul's evidence 1 (including branch numbers), the purport of whole pleadings

2. The assertion and judgment

A. The key point of the Plaintiff’s assertion is that the Plaintiff entrusted the name of the land owner D and received the assessment of the instant land. As such, the Plaintiff asserted that the actual owner of the instant land is the Plaintiff and sought confirmation from the Defendant.

B. In light of the fact that a person under the Forest Survey Ordinance or the Land Survey Ordinance acquired ownership in a primary and creative manner. Thus, even if a clan was entrusted with the title of real estate that was owned by it, its title holder acquired ownership, and the title truster’s clan can only terminate the title trust agreement and file a claim for the registration of ownership transfer in the position of the truster under the title trust agreement, and the clan shall only file a claim for the registration of ownership transfer.

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