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(영문) 광주지방법원순천지원 2019.01.16 2018가단71417
소유권확인
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On June 23, 2013, the Plaintiff (hereinafter “the instant land”) donated the Ganyang-si 585 square meters and I 1,183 square meters (hereinafter “each of the instant land”) from Jinmun-gu (hereinafter “JJ”) and completed the Plaintiff’s ownership transfer registration (hereinafter “instant transfer registration”) on September 13, 2013.

B. On each land of the instant case, there are buildings listed in the separate sheet (the actual status is the same as indicated in the separate sheet; hereinafter “instant building”).

C. The instant building is unregistered buildings, and K is registered in its ordinary building ledger as its owner.

K died on December 5, 2010, and the Defendants are co-inheritors.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff alleged that the instant building, which is an unregistered building from the deceased L, was acquired by inheritance solely from the deceased L, and sought confirmation of ownership against the Defendants, and sought delivery of the instant building against the Defendant B, who is the possessor.

B. First of all, as to whether L was holding ownership of the building of this case at the time of L’s death, it is not sufficient to recognize it by itself, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit without examining the remainder of the issue.

(L) There is no evidence to acknowledge that she is the original acquisitor of the instant building or its universal successor, and in order to acquire unregistered ownership of a building by way of specific succession, registration of ownership is necessary. Since the instant building is currently unregistered, L cannot be deemed the owner of the instant building, since it is currently unregistered). 3. Determination as to the conjunctive claim

A. According to the above facts of recognition as to the cause of the claim, the Defendants, co-owners of the instant building, are co-owners of the instant building, barring any special circumstance.

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