(영문) 울산지방법원 2019.01.09 2018가단60535

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(영문) 울산지방법원 2019.01.09 2018가단60535

소유권확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The land cadastre of 2165 square meters (hereinafter “B land before subdivision”) before Sejong-si was examined by C, and the land cadastre of 2165 square meters (hereinafter “B land before subdivision”) was written on August 25, 191 and written on January 27, 1948 with the transfer of ownership to the Plaintiff.

B. The land B before subdivision was changed to “river” on October 6, 1947, and the land category listed in paragraph (2) of the attached Table was divided on March 18, 2010, and became the land listed in paragraph (1) of the same Table (hereinafter collectively referred to as “instant land”), and the instant land is unregistered.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. 1) The Plaintiff filed an application for registration of preservation of ownership as the owner of the instant land, but confirmed that the Plaintiff was the owner of the instant land for the purpose of completing registration of preservation of ownership as a person who acquired ownership from the court, not the first one, and who acquired ownership from the court. Therefore, the Plaintiff sought confirmation against the Defendant as the owner of the instant land for the purpose of completing registration of preservation of ownership. 2) As to this, the Defendant asserts that the instant lawsuit seeking confirmation of ownership by the Plaintiff on the instant land

B. In a case where there is a person who has been registered as an owner on the registry or the land cadastre or the forest land cadastre with respect to a land falling under one of the judgment, an application for registration of preservation of ownership may be filed against the State when the State obtains a final and conclusive judgment by confirming that the relevant real estate is owned by the applicant for registration of preservation of ownership. As such, a request for registration of ownership against the State is unregistered, and the land is neither the person registered on the land cadastre or the forest land cadastre nor the identity of the person registered is unknown,

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