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(영문) 대전지방법원 2020.01.07 2018나113346
소유권확인
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On June 16, 1912, the land from which the instant land was partitioned (the process or content of division is not confirmed; hereinafter “land before subdivision”) is difficult to confirm the process of subdivision, etc. due to the poor state of Da1-1 on the land in Gyeonggi-do, where “M” was occupied by “M” on June 16, 1912, and the registration of preservation was completed for a large period of six years or seven years.

As of the date of the closing of the argument in this case, Defendant C, D, E, F, and G are registered as co-owners.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-1-3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the surrounding land fell around 1920.

Around March 11, 1964, 43 Defendant B, etc. obtained a reclamation license of public waters and performed reclamation works from that time. Around October 25, 1974, after obtaining authorization of completion, Defendant B specified the instant land among reclaimed land as the part for which Defendant B would acquire at the original time.

currently, the register, etc. indicating the land of this case is null and void as indicating the land of this case and its legal relationship.

On February 20, 1980, the Plaintiff purchased and occupied (a) of the instant land from Defendant B around February 20, 1980.

Since the acquisition by prescription was completed on February 20, 200, Defendant B is obligated to implement the registration procedure for ownership transfer for the part (a) land due to the completion of the acquisition by prescription, and to the remaining Defendants, the registration register for the land already extinguished exists, and seek confirmation of ownership for the part (a) after reclamation in order to eliminate the Plaintiff’s legal instability.

B. Defendant 1’s assertion that the instant land of this case by the Defendants was registered as a preservation of ownership, and is known as the registrant on the land cadastre, and the Defendant Republic of Korea did not assert that the land is its own ownership.

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