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(영문) 창원지방법원 2021.02.09 2019나67309

소유권확인

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the first instance is the purport of the claim and the appeal.

Reasons

1. Determination on the defense prior to the merits

A. The Plaintiff’s assertion was rendered a favorable judgment (hereinafter “the instant judgment”) by filing a lawsuit on the claim for registration of transfer of ownership on the ground that the period of prescription for acquisition of ownership has expired, against the Nonparty, Nonparty 1, as indicated in the separate sheet of Nonparty 1 (hereinafter “ Nonparty 1”) in the separate sheet of Nonparty 1,018 square meters (hereinafter “instant land”).

However, in the register of the land of this case, the owner of the land of this case was entered into the AI and AJ, which is a party to the lawsuit of this case, and his donation was destroyed during the Korean War 6.25. The land of this case is still unregistered.

Therefore, in order to complete the registration for the transfer of ownership in the name of the Plaintiff on the instant land in accordance with the judgment of the relevant case, the Plaintiff requires the registration for the preservation of ownership in the name of the Nonparty. Therefore, the Plaintiff seeks confirmation against the Defendant that the Nonparty is sharing the instant land by inheritance.

B. The Defendant’s defense of this case identified the owner on the land ledger of the instant land.

In addition, the plaintiff can apply for the preservation registration of the land of this case on behalf of the non-party concerned, accompanied by the copy of the land ledger.

Therefore, the Plaintiff’s claim of this case against the State does not have a benefit of confirmation.

(c)

Judgment

1) A claim for confirmation of ownership of land against the State is unregistered and the land is not registered on the land ledger or on the forest ledger, or the identity of the registered titleholder is unknown, and there are other special circumstances, such as where the State continuously denies the ownership of a third party in the name of the registered titleholder and continues to claim ownership (see, e.g., Supreme Court Decision 95Da14817, Jul. 25, 1995). 2) The Real Estate Registration Act concerning an applicant for registration of ownership of unregistered real estate.