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(영문) 청주지방법원 2018.07.17 2018가단22275
소유권확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

According to the overall purport of Gap evidence Nos. 1, 2, 3, and 1, 3 and the overall purport of the pleadings (including the reply to the request for confirmation as to whether he/she has an objection from Bo-gun), it is divided into Eul-gun, Chungcheongnam-do, Chungcheongnam-do into D and B on December 4, 1947. The above Eul is unregistered land and is registered as the first owner, but Eul is registered as a non-registered land, but his/her address is registered as a military Frith, but the rest of his/her address is omitted. The above C is the owner at the time of the division of the above C and Eul, and the owner at the time of the division of the above C and Eul are E and there is no Dong name in the jurisdiction. He/she is stated that H transferred ownership in Gri on April 7, 1948, H is deceased on June 5, 200, and the co-inheritors and the co-inheritors and the above co-inheritors of the plaintiff cannot be recognized as the share of inherited property by agreement.

As above, the Plaintiff, as a sole heir of H, seeks confirmation of ownership to the Defendant for the registration of preservation of ownership in the above GriB.

According to Article 2 of the Land Cadastral Rule (No. 45 of Apr. 25, 1914), matters concerning the transfer of ownership of real estate shall not be registered on the land cadastre unless the notification of registration management is given. The entry of change on the land cadastre in the former land cadastre shall not be deemed to have been made according to the notification of a registration public official in accordance with the above provision. Therefore, if the ownership transfer is registered as a transfer of ownership on the land cadastre at the time of the registration, barring any special circumstance, it shall be deemed that the registration has been completed

(See Supreme Court Decision 92Da12216 delivered on June 26, 1992) The above K transferred on April 7, 1948 to H according to each of the evidence and the purport of the entire pleadings as seen above. Thus, the matters on the ownership of the land in this case appears to have been completed before the registration was destroyed. Thus, the Plaintiff, the inheritor of H, is the Plaintiff.

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