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(영문) 대구지방법원서부지원 2019.07.03 2018가단66668
토지소유권확인
Text

1. It is confirmed that the value of 588 square meters in Daegu-gun is owned by the Plaintiff;

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

Reasons

1. Facts of recognition;

A. On May 3, 1911, the real estate indicated in the text (hereinafter “instant land”) was unregistered land, and on the land cadastre, the ownership was transferred to E who had an address in D “D” on January 20, 1913 after C was registered as the first owner on the land cadastre.

B. On December 9, 1952, the Plaintiff: (a) died on December 9, 1952; (b) G succeeded to Australia; and (c) after G died on September 11, 1958, the Plaintiff solely succeeded to the property of the former Australia.

[Grounds for Recognition] Facts without dispute, entry of Gap evidence 1 to 4, and 15 evidence (including each number), the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff was solely inherited the land of this case through Cho, the owner of the land of this case unregistered in the register of the land of this case, and sought the confirmation of ownership by asserting that the plaintiff was the sole heir of the land of this case, through Cho Jae-man G.

The defendant asserts that since the first owner C's personal information appears on the land cadastre, there is no benefit to seek confirmation of ownership against the state, and that E and the plaintiff's increase in ownership on the land cadastre cannot be known as the same person.

2. Determination on this safety defense

A. In light of Article 65 of the Registration of Real Estate Act (amended by Act No. 10580, Apr. 12, 201) in order to register the preservation of ownership, if a person registered as the first owner by a certified copy of the land cadastre or a certified copy of the land cadastre and a certified copy of the land cadastre for the preservation of ownership cannot be proved that he/she was a person who comprehensively succeeded to the ownership, a registration of preservation of ownership shall be made by proving ownership (see Supreme Court Decision 9Da34390, Jul. 10, 2001). However, if a person who was transferred ownership on the land cadastre for unregistered land is registered but the first owner is not registered or the title holder is unknown, the person who was registered as the ownership transfer on the land cadastre has the interest in confirming the claim against the State for the confirmation of ownership ownership ownership.

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