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(영문) 대구지방법원 김천지원 2018.05.24 2017가단34116
소유권확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The old land cadastre of H 172m2 (hereinafter “instant land”) was drafted on March 31, 1952 and drafted on July 8, 1976. The “I” is written as the owner, and is written as the resident registration number.

B. At the present land cadastre of this case, “I” is written as the owner, and “K” is written as a resident registration number, and the above resident registration number is a network L resident registration number.

C. The Plaintiffs are the deceased L’s successors, and the instant land is unregistered until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The defendant's judgment on the main defense against the main defense is only entitled to seek confirmation of ownership against the title holder of the land of this case or his heir, and it is unlawful for the defendant to seek confirmation of ownership since there is no benefit of confirmation.

According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor is the owner in the land cadastre or the forest land cadastre by a certified copy of the land cadastre or the forest land cadastre register may apply for registration of ownership of the land. A person who is not entitled to such certification by the ledger may apply for registration of ownership of the land by proving his/her ownership by the ruling. However, if the ownership of the unregistered land is partially omitted in the indication of the owner on the land cadastre, and it is impossible to specify the owner on the register, the owner may not make registration of ownership of the land by the ledger. Therefore, there is

(see, e.g., Supreme Court Decision 99Da34390, Jul. 10, 2001). As seen earlier, the instant land is unregistered, and the instant land is in the state of registration.

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