소유권확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On the old land cadastre concerning the 86m2 (hereinafter “instant land”) of the Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the land cadastre was indicated as the assessment of the instant land, and further, the registration number or domicile of the titleholder of the registration is not indicated in the said ledger.
B. The network D was born in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and resided in this place until January 30, 1950, and was deceased on January 30, 1950, and was employed in the network F with his child, and the network F succeeded to Australia from the network D on February 21, 1950, and had H as his child. The Plaintiffs are grandchildren of the network G.
C. Around August 2015, the deceased’s descendants, including the Plaintiffs, consulted on the division of inherited property with respect to the inheritance commenced on September 25, 1974 by the deceased’s death, as the Plaintiffs owned 1/2 shares, respectively.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, 9 through 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Defendant asserts that there is no benefit to seek confirmation of ownership of the instant land unless the State denies ownership of D, who is a titleholder of registration on the land cadastre, and does not assert ownership of the State. However, in the case of unregistered land, there is a titleholder of registration on the land cadastre.
Even if the registration of ownership cannot be completed under Article 130 of the Registration of Real Estate Act because his/her address, resident registration number, etc. cannot be specified, there is a benefit to seek confirmation of ownership against the State (see, e.g., Supreme Court Decisions 2010Da45944, Nov. 11, 2010; 99Da34390, Jul. 10, 2001). As long as only the name D is indicated in the land cadastre of this case as an assessment title and does not include any content that can identify the owner, such as the address and resident registration number, the Plaintiff against the Defendant, the State.