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(영문) 서울중앙지방법원 2016.12.26 2016가단5079720
소유권확인
Text

1. The real estate listed in the separate sheet Nos. 1 and 2 shall be the real estate listed in the plaintiff A and the separate sheet No. 3, respectively, of the plaintiff B.

Reasons

1. Basic facts

A. The owner column in the old forestry register of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land” and the remaining land shall also be referred to as the sequences) shall be indicated as C having obtained ownership transfer on March 17, 1939, and the owner column of the instant 2 and 3 land shall be indicated as having obtained ownership transfer on March 17, 194.

(E) The address of the owner of the forestry cadastral book and land cadastre is written in E). (b)

Around 1988, C, who was the Plaintiff’s fleet, died, and his heir was the Plaintiffs, F, G, H, H, I, J, K, and L. However, the above inheritors agreed on the division of inherited property by Plaintiff A’s inheritance of the instant 1, 2 land, and Plaintiff B’s sole inheritance of the instant 3 land.

C. The heirs, including the Plaintiffs, filed an application for registration of preservation of ownership with respect to each of the relevant unregistered lands. However, on September 29, 2016, the Daegu District Court’s registration office, etc. rejected the Plaintiffs’ application for registration on the ground that C did not directly have the right to apply for registration under the name of the heirs, since C was not a person registered as the first owner on the register but a person registered as the transfer of ownership from the former owner.

[Ground for Recognition: Facts without dispute, Gap 1 through 9 (including each number; hereinafter the same shall apply)

(1) Each description, the inquiry results of the Daegu District Court's Daegu District Court's fact-finding, the purport of the entire pleadings

2. Judgment on the defendant's main defense

A. The defendant's summary of the claim for confirmation of land ownership against the State has the benefit of confirmation only when the land is unregistered and the registrant is not known on the land cadastre or the forest land cadastre, or when the State denies the ownership of a third party who is the titleholder of the registration, and there are special circumstances, such as continuous assertion of state ownership. In the case of each land of this case, each of the land of this case shall be entered in the register.

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