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(영문) 대구지방법원 의성지원 2018.04.25 2017가단11348
소유권확인
Text

1. Defendant B is based on the Plaintiff’s prescriptive acquisition on August 13, 2005, with respect to the area of 413 square meters in Sung-gun, Sung-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. On the old land cadastre (hereinafter “instant land”), the Defendant B (Korean Chinese name: B, resident registration number D, address: U.S. E) entered into an assessment on October 27, 1913, and the instant land is currently unregistered.

B. On February 6, 2018, the Plaintiff asked on whether B (B) had resided in P/S E (former address: E) from the Sung-gun Head of Sung-gun, Sung-gun, the Plaintiff responded that on February 13, 2018, B (B/G) had not resided in P/S in P/S on February 13, 2018.

C. On March 6, 2018, the Plaintiff sought to issue an abstract of the resident registration record card to Defendant B’s resident registration number indicated on the old land cadastre from Defendant B, but the Sung-gun sent a reply that he/she could not find the same person as the result of his/her inquiry into the name and resident registration number (B and D) requested by the Plaintiff on March 7, 2018.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 4-6, Eul's evidence No. 3, the fact-finding inquiry and reply to the Franchisium of this court, the purport of the whole pleadings

2. Determination as to Defendant B

A. The land in this case is owned by Defendant B, and the plaintiff has occupied the land in this case in peace and openly for twenty years or more from August 13, 1985, including the possession of the deceased I, and since August 13, 1985, the plaintiff has occupied the land in this case as owned by the intention of ownership for twenty years or more, and the prescription period for the possession of the land in this case has expired on August 13, 2005 after twenty years since the point at which the above possession was commenced. Thus, the defendant B is obligated to implement the procedure for the ownership transfer registration on the land in this case to the plaintiff on August 13, 2005.

B. Judgment by publication of judgment (Article 208(3)3 of the Civil Procedure Act)

3. When there is no registrant on the judgment of land cadastre for the defendant's Republic of Korea or is unknown who is a registrant, and the State owns a third party who is a registrant.

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