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(영문) 대구지방법원 2020.03.25 2019가단145646
소유권확인
Text

1. He/she confirms that 912 square meters of paddy field B in Gyeongsan-si is owned by C (D).

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

Reasons

1. Facts of recognition;

A. The land cadastre B, B, 912 square meters (hereinafter “instant land”) which is unregistered land, is indicated as the assessment of the instant land on December 27, 191, but the address is not indicated.

B. On September 3, 1914, the network G, the permanent domicile of which was established in the Republic of Korea, was deceased on September 3, 1914, and the network H, the family heir of Australia, succeeded to the network G’s rights and obligations.

The deceased on September 28, 1951, and the deceased on September 28, 1951, C, a family heir, succeeded to the rights and obligations of the deceased H.

C. On September 20, 2019, the Plaintiff: (a) purchased and occupied the instant land from C, and (b) filed a lawsuit against C seeking the implementation of the procedure for ownership transfer registration on the instant land due to the completion of prescriptive acquisition (Tgu District Court 2019Da116716) with respect to the instant land; and (c) received the judgment in favor of the Plaintiff on September 20, 2019; and (d)

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including each number), and the purport of the whole pleadings

2. Determination on this safety defense

A. In a case where it is proved that E and above net G are the same person as land owner on the Defendant’s assertion on the land cadastre, C, a successor, may apply for registration of preservation of ownership. Therefore, there is no benefit to seek confirmation that the land of this case is owned by C.

B. Determination 1) A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only when there are special circumstances, such as denying the ownership by a third party who is the registered titleholder, and continuing to claim state ownership (see Supreme Court Decision 2009Da48633, Oct. 15, 2009). According to Article 87 Subparag. 4 of the Spatial Data Establishment, Management, etc. Act, a creditor is the debtor’s landowner to preserve his/her own claim.

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