logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.10 2017가단5169316
소유권확인
Text

1. Each land listed in the separate sheet is owned by each plaintiff in the ratio of inheritance shares listed in the separate sheet of inheritance shares.

Reasons

1. Basic facts

A. The land indicated in the attached list (hereinafter “instant land”) is a unregistered real estate whose registry was lost at the time of the Korean War, and is registered as the owner on its land cadastre (forest register) on March 14, 1963.

B. The Plaintiffs were N’s successors, who are resident registration numbers K, Gyeonggi-do, and Gyeonggi-do, the address of Gyeonggi-do, “M, Gyeonggi-do,” and they were habitually or alternatively inherited the N’s property in proportion to the inheritance shares indicated in the attached inheritance shares, upon the death of January 15, 1985.

【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1- 29 (including the number in case of each number), the fact-finding inquiry and reply to the Gyeonggi-do office, the purport of the whole pleadings

2. The defendant's judgment as to the defendant's main defense against the defendant's main defense is that the land in this case is unregistered in the name of the J (resident registration number K) and is registered in the name of the holder of the land cadastre, and therefore there is no interest in seeking confirmation of ownership against the defendant who is the State. The claim against the State for confirmation of ownership of land is a non-registered land and it is impossible to identify the holder of the registered name on the land cadastre or the forest land cadastre, and there is a benefit in confirmation only when the State denies the ownership of a third party who is the holder of the registration and continues to claim state ownership (see Supreme Court Decision 94Da27649 delivered on September 15, 195). The land in this case is unregistered and its land is restored in the name of the owner of the J (resident registration number K) residence in the land cadastre, as seen earlier. However, as seen in the next paragraph, the "J" and the same person who is the owner of the land in this case and the above N (forest name and forest register).

arrow