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(영문) 대구지방법원 2020.11.26 2020나301054
소유권확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The Plaintiff’s assertion “C” is a non-corporate body as a community of natural village formed by the residents of H or J of the Daegu-gun, Daegu-gun, the Daegu-gun, and on January 10, 1919, the forest of this case was examined in its name. The Deceased purchased the forest of this case in the middle half of the 1950s and occupied and used the forest of this case (not before the direct purchaser but before the direct purchaser) by acquiring ownership, and after the Deceased’s death, the Plaintiff becomes a single owner of the forest of this case and has been occupying and using the forest of this case until now.

In the mid-1950s where the deceased purchased forest land of this case, the deceased acquired the ownership of forest land of this case without registration as the time when the Yongsan Civil Code was applied.

Article 10(1) Addenda to Article 10(1) of the Addenda after the enforcement of the Civil Act on January 1, 1960 to Article 10(1) of the Addenda to the Civil Act (Article 471), Article 10 (Transitional Provisions on Transfer of Ownership) (1) of the Act on February 22, 1958 to Article 10 (Transitional Provisions on Transfer of Ownership) (1) The acquisition, loss, or transfer of real rights

Whether or not the fact of acquisition of ownership has been registered is unclear, but as long as the deceased did not prove his failure to register on the part of the defendant disputing the fact of registration, the deceased shall be deemed to have lawfully acquired the ownership of the forest of this case.

However, as “C”, which is the first assessment name of the instant forest land, loses the substance of an unincorporated association due to its dissolution and extinguishment, the forest land of this case against the Defendant is to seek confirmation as to whether it is owned by the Plaintiff.

3. Determination on the lawfulness of a lawsuit

A. A claim for confirmation of land ownership against the country of the relevant legal doctrine is unregistered.

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