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(영문) 서울중앙지방법원 2015.01.16 2014가단14526
소유권확인
Text

1. The primary Defendant confirms that the area of 883 square meters prior to Chungcheong-gun C is owned by the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The land cadastre of 883 square meters (hereinafter “instant land”) prior to the Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do, where no registry was prepared, was recorded as follows:

(1) Two years for Preliminary Defendant B (2 years, 1913)

2. 20. The instant land was assessed.

(2) The network D (the name of the E) shall be F and G in 1916 (F, 5 years).

3. 17. The ownership of the instant land was transferred, but the instant land is currently unregistered.

(3) The address of Defendant B, who is a land cadastre, is indicated only as “H”.

B. The deceased D (E) died on June 21, 2003, and the Plaintiff solely inherited the deceased’s property.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. The parties' assertion

A. (1) The gist of the Plaintiff’s assertion against the primary Defendant is that the instant land is unregistered and written only in the name and address column of Defendant B, the owner of the instant land initially assessed on the land cadastre, and thus, it is impossible to specify the owner on the land cadastre. As such, even if the Plaintiff, who solely inherited the network D, which acquired ownership of the instant land from the primary Defendant B through F and G, is the genuine owner, the registration of ownership preservation cannot be made based on the land cadastre pursuant to Article 130 of the Registration of Real Estate Act, and thus, the Plaintiff’s ownership is confirmed against the primary Defendant Republic of Korea.

(2) In light of the gist of the claim against the conjunctive Defendant, it is clear that D obtained the ownership of the instant land through F and G. As such, it was confirmed that the instant land was owned by the Plaintiff, who was the first owner of the instant land, by solely succeeding the network D, and further, D occupied the instant land in peace and openly for twenty (20) years as the intention of self-ownership, and the Plaintiff succeeded to the possession as the heir.

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