(영문) 수원지방법원 2014.12.17 2013가단29109

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(영문) 수원지방법원 2014.12.17 2013가단29109

소유권확인등

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. As to Defendant B, the person who is the name of the circumstance in the area where the land survey is located as of 854 square meters, which is the name of the defendant B.

On January 22, 1970, the Plaintiff commenced the possession with the intention to own as a gift of 307 square meters (hereinafter “the instant real property”) divided and changed from Dong E, and as such, it continued to possess until January 22, 1990 and the acquisition by prescription has been completed, the Plaintiff sought implementation of the procedure for the registration of ownership transfer against Defendant B.

B. The instant real estate against the Defendant Republic of Korea is unregistered real estate, and the Defendant Republic of Korea is dissatisfied with its ownership, so there is a benefit to confirm that it is the ownership of Defendant B, and the Plaintiff seeks confirmation of ownership against the Defendant Republic of Korea by subrogation of the Defendant B in order to preserve the right to claim ownership transfer registration against Defendant B

2. Judgment on the lawfulness of the lawsuit

A. In full view of the statements in Gap evidence No. 4 and the fact-finding results in this court's fact-finding with respect to the T, G, H, I-J, L, L, M, P, P, Q, R-S, T, and U's circumstances located in one of them are the same Eul, among them, the situation of the V, 248 square meters, and the above address are WW birth, the family head of the Jeon Ho X, the deceased family head of the Jeon Ho X, and the family head of this court, and the fact-finding results in this court's fact-finding with respect to the T, G, H, I-J, K, L, M, P, P, P, R, T, T, and U, and the situation of the above address are the same Eul, and the above address is the former head of the Jeon Ho X X, and the family head was the deceased family head around the Japanese colonial period, and if there was one of the above two persons, the family head had no reference to the land investigation division before the death of the Gap 2.

However, there is no other B in AD.

유사 판례

-대법원 1970. 1. 27. 선고 69다1954 판결

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