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(영문) 제주지방법원 2017.01.20 2016가단52851

소유권이전등기

Text

1. The plaintiff's action against the defendant is dismissed.

2. Defendant B shall be not less than 2664 square meters of the C cemetery in Seopo-si, Seopo-si.

Reasons

1. As to the defendant's lawsuit against the Republic of Korea, the defendant's lawsuit against the defendant against the Republic of Korea against the defendant is unlawful as there is no benefit of confirmation.

A claim for confirmation of land ownership against the State is unregistered and the land is not registered on the land cadastre or the forest land cadastre, or the identity of the registrant is unknown, and there is a benefit of confirmation only when there are special circumstances, such as the State continues to deny the ownership of a third party who is a registered titleholder, and the State claims the ownership.

(2) The land cadastre No. 1 and No. 2 of this case (see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994). However, according to the evidence Nos. 1 and 2, the land cadastre of this case is indicated as the land cadastre of this case on August 16, 1913 as the land cadastre of this case. The land cadastre of this case can be recognized as the fact that the registration book was not attached to the land of this case. However, the defendant Republic of Korea does not dispute whether the land of this case is the ownership of the "D" whose legal domicile is the Si/ Seopopo City E, and it is recognized that the registration of the address of the person under whose name the circumstance is the legal domicile and the registration of preservation of ownership based thereon can be made by the legitimate inheritor of the above D. Thus,

2. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the attached Form;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. Thus, the plaintiff's lawsuit against the defendant in the Republic of Korea is dismissed as it is improper, and the claim against the defendant B is justified.