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(영문) 대구지방법원김천지원 2019.12.18 2019가단35311
소유권확인
Text

1. It is confirmed that 1/8 shares out of 612 square meters of 612 square meters of land in Kimcheon-si, Kimcheon-si owns the Plaintiff

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The following facts may be acknowledged in full view of each entry of Gap evidence 1, 2, and 3, and Gap evidence 4-1, 2, 3, and 5, unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

In the Land Survey Book drawn up during the Japanese occupation period, C is indicated as being subject to the assessment of “Seoulcheon-gun D 434 square meters.”

(B) The land D was composed of 612 square meters of forest land B in Kimcheon-si, Kimcheon-si (hereinafter “instant land”). The said land survey division does not contain the address of C, a titleholder of the circumstance.

(b) The land cadastre is written as “C” by the owner of the instant land, and the registration number column is written as “E” but the address of the owner is not written.

C. As the Plaintiff’s father F died on March 25, 1946, G inherited the property as the family head’s heir on his/her own, and as G died on January 28, 1987, the Plaintiff (her children) 1/8, and H (her children) inherited the property at the ratio of 6/8, respectively.

The land of this case is currently unregistered.

2. The defendant's defense of this case has no interest in seeking confirmation of ownership of the land of this case against the defendant.

According to Article 65 of the Registration of Real Estate Act, a person who proves that he/she or his/her predecessor has been registered as an owner in the land cadastre or forest land cadastre by a certified copy of the land cadastre or forest land cadastre register may apply for registration of preservation of ownership of the land. A person who is not entitled to such certification by the ledger may apply for registration of preservation of ownership by proving his/her ownership by the ruling. However, if the part omitted in the indication of owners of unregistered land is not certain, the owner cannot make registration of preservation of ownership by the ledger.

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