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(영문) 서울중앙지방법원 2018.06.19 2017가단5177089
소유권확인
Text

1. It is confirmed that each real estate listed in the separate sheet is owned by the plaintiff.

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

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet (hereinafter “instant land”) is unregistered land, and the land cadastre is registered as a transfer of ownership on January 17, 1946 by C residing in “Yjin-gu, Jinjin-gu, Seoul.”

B. The instant land is divided from the 1,209 Seocheon-gun, Hongcheon-gun, Gangwon-do (hereinafter “instant land”). The former land cadastre (No. 1-3) stated that E was assessed on January 6, 1916.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers; hereinafter the same shall apply), Gap evidence 2, the purport of the whole pleadings

2. The defendant asserts to the purport that the lawsuit of this case by the plaintiff on the prior defense prior to the merits is unlawful as there is no benefit of confirmation.

The claim for the confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is unknown on the land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where there are special circumstances, such as the State continuously asserting the ownership, there is a benefit of confirmation.

(see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994). In addition, registration of preservation of ownership of a parcel of land may be applied only to a person registered as the first owner in the land cadastre or forest land cadastre, his/her heir, or general successor (Article 65 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership due to expropriation (Article 65 subparag. 2 of the Registration of Real Estate Act), and a person who proves that he/she acquired ownership due to expropriation (Article 65 subparag. 3 of the same Act), and a person who has obtained registration of transfer of ownership on the register cannot apply for registration of preservation in his/her own future, and registration of transfer in his/her name after completing preservation registration in the future as the first owner on the ledger

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