소유권확인
1. The Defendant confirms that the Plaintiff has ownership of B forest land B, 2975 square meters in Seosan-si.
2. The costs of lawsuit shall be.
1. Basic facts
A. On May 20, 1918, the land cadastre with respect to B forest land cadastre B 2975 square meters (hereinafter “instant land”) was registered in the name of the State on May 20, 1918, and the land cadastre was registered in the name of the State on January 21, 1932, the transfer registration was completed in the name of the State on December 29, 1949, in the name of D, E, F, and G and thereafter in the name of the State “Ssan-si H”.
B. J and the Plaintiff’s relationship 1) J, the father of the Plaintiff (J, Kin, the domicile of the father of the Plaintiff, and the place of birth of the Plaintiff, and died on June 5, 1998 at the same place.
2) Around October 21, 2015, M, Plaintiffs, N, P, Q, and R, who are children of J, shall solely inherit the instant land and completed a division consultation on inherited property. [The grounds for recognition] Facts that there is no dispute, A, 1, 2, 3, 4, 5, and 6 evidence (which include a serial number; hereinafter the same shall apply).
- Each entry in Eul evidence 1, Gap evidence 9, and the purport of the whole pleadings
2. The defendant asserts that the plaintiff's claim has no interest in confirmation, since there is a registered titleholder in the land ledger of this case and his nominal owner can be identified.
A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.
(see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994). In addition, a registration of preservation of ownership may apply by a certified copy of the land cadastre or the forest land cadastre and a certified copy of the forest land cadastre (Article 130 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership (Article 130 subparag. 2 of the Registration of Real Estate Act), a person who acquired ownership with expropriation (Article 130 subparag. 3 of the same Act).