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(영문) 대구지방법원포항지원 2017.11.14 2017가단101452
소유권확인
Text

1. The plaintiff's claim against the defendant Republic of Korea is dismissed.

2. Defendant A shall state the Plaintiff in the attached list.

Reasons

1. Facts of recognition;

A. According to the land cadastre, C with his/her domicile in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do at the time indicated that he/she was assessed on May 30, 1913, 2000 square meters D (hereinafter “instant assessment land”).

B. On January 1, 1995, the administrative district was changed from Young-gun, Young-gu, Chungcheongnam-gu, Chungcheongnam-do, to the north-gu, Pohang-do, and each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was divided into the area of 231 square meters on May 18, 2012.

C. On February 23, 2008, the Plaintiff entered into a sales contract with the network E with the content of purchasing each of the instant real estate in KRW 2,000,000.

The network E died on February 4, 2016, and Defendant A inherited solely.

[Reasons for Recognition]

(a) Defendant Republic of Korea: Fact that there is no dispute, entries in Gap evidence 1 through 4, and purport of whole pleadings;

(b) Defendant A: Facts without dispute, the purport of whole pleadings;

2. Determination as to Defendant Republic of Korea’s claim

A. On February 23, 2008, the Plaintiff’s assertion that the land of this case was examined, C and F, the fleet of Defendant A, are the same person. On February 23, 2008, the Plaintiff purchased the land of this case from the deceased’s sole heir He purchased the land of this case from the deceased on February 4, 2016, and the Defendant A died on February 4, 2016 and succeeded solely by the deceased.

Accordingly, in order to complete the registration of preservation of ownership of each of the instant real estate divided from the land unregistered in the instant situation, the Plaintiff sought confirmation against Defendant A as the owner of each of the instant real estate in subrogation of Defendant A.

B. Defendant Republic of Korea’s defense to the effect that there is no interest in confirmation because it did not dispute the ownership of C as indicated in the land cadastre.

The claim for the confirmation of land ownership against the State shall be made by the State when the land is unregistered, and it is impossible to identify the registrant or the registrant on the forestry register, and the State shall register or register it.

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