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(영문) 대구지방법원 포항지원 2018.04.17 2017가단106204
소유권확인
Text

1. Each 34/81 share in the land listed in the separate sheet is owned by Plaintiff A, C, 13/81, respectively.

Reasons

1. According to the previous forestry register for basic facts, D shall state that the land listed in the annexed list (hereinafter “instant land”) was under circumstances on May 20, 1920, and D’s address and resident registration number is not indicated.

On the other hand, the register on the land of this case is not prepared.

The plaintiffs' assistance division Eul died on March 16, 1949 as F student and died on March 16, 194, and as the son, G independently became E's head and heir pursuant to the former Civil Act. G died on February 10, 1967 and died on February 10, 1967, and as the wife, H, head and male heir, I, C, the plaintiff C, the son and female of which were the wife, and the mother-child deceased on December 10, 1970, and H became the sole heir of H, the deceased on February 20, 1985.

Ultimately, among the land of this case, Plaintiff A and C inherited their respective 34/81 shares, and Plaintiff B inherited their respective 13/81 shares.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The lawsuit of this case against the defendant is unlawful as there is no benefit of confirmation, since the defendant stated D as owner in the old forest register as to the land of this case, and it does not constitute a case where there is no registered titleholder in the forest register or who cannot be identified.

B. (1) Determination (1) The claim for confirmation of land ownership against the State is not unregistered, and there is benefit in confirmation only when there is no registered titleholder on the land cadastre or the forest land cadastre, or when the identity of the registered titleholder is unknown, or when there are special circumstances, such as the State’s refusal of ownership by a third party as the registered titleholder.

(2) On March 11, 1994, the land owner of this case is not the owner of the health unit, the fact that the land of this case is unregistered, and the land owner of this case in the old forest register.

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