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(영문) 의정부지방법원 2020.09.01 2019가단19214
토지소유권확인
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The land of Gyeonggi-do Seocheon-gun, Gyeonggi-do (hereinafter “Bri”) was divided into each land listed in C and the separate sheet on December 27, 1966.

B. As to the land C, the registration of ownership preservation under the name D was completed as of December 31, 1966, No. 2499, which was received on December 31, 1966, and the registration of ownership transfer under the Plaintiff’s name was completed on September 24, 1967, as of September 23, 2019, the receipt of the same registration office No. 12380, Sept. 24, 1967.

C. Each land listed in the separate sheet is unregistered land and its owner is registered as D on December 31, 1966 on the ground of the owner’s restoration.

The plaintiff is the heir of D.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 4, Gap evidence 5-1-2 and the purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion C and each land listed in the separate sheet was divided from C, and the owner was D before and after the division.

C Registration of preservation of ownership in the name of D was completed for each land listed in the attached list, but it is currently not registered for each land listed in the attached list, and the plaintiff is seeking confirmation of ownership against the defendant as D's heir.

B. Determination 1) The Cadastral Act (Act No. 165) and its Enforcement Decree, which were enforced from December 1, 1950, do not provide for the restoration of the destroyed cadastral record, and when restoring the cadastral record under Article 10 of the Enforcement Decree of the Cadastral Act (Act No. 2801) which was enforced from December 31, 1975, the competent authority shall restore and register the matters regarding the indication of land based on the data deemed to be consistent with the cadastral record as at the time of the destruction, and the matters concerning the owner shall not be restored and registered without the real estate register or final judgment. Article 6 of the Addenda provides that the matters concerning the indication of land in the cadastral record as at the time of enforcement of this Decree shall be restored.

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