소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. As to the legitimacy of the instant lawsuit, the Plaintiff, along with the Plaintiff, owned C, the husband of the Plaintiff, who was living in Jeonbuk-gun, Jeonbuk-gun. The Plaintiff asserted that the instant land was owned by F, the address of which was changed due to a clerical error in the land cadastre of this case, becomes the owner, and even though C died on the wind, the Plaintiff, the heir, was not able to complete the registration of ownership transfer as to the instant land, even though C’s address was erroneously stated in Jeonbuk-gun, Jeonbuk-gun, the copy of the register, the heir, and therefore, the Plaintiff did not complete the registration of ownership transfer.
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 Supreme Court Decision 95Da14817 delivered on July 25, 1995, and Supreme Court Decision 94Da39123 delivered on May 9, 1995, etc.). However, the instant land is not unregistered land, but is owned by a titleholder on the registry, and the Defendant does not dispute the ownership of the instant land as owned by the State while denying the ownership of the titleholder. Thus, the instant lawsuit is unlawful as there is no benefit of confirmation.
(2) The Plaintiff did not seek confirmation of ownership against the State, but did not take the procedure for registration of ownership transfer along with the materials to recognize that the Plaintiff is a legitimate heir with respect to the instant land, and if the application for registration is rejected, it would have to be disputed by means of filing an objection against the disposition by the registrar, etc.