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(영문) 창원지방법원 거창지원 2021.01.12 2020가단10546

소유권확인

Text

1. The plaintiffs' lawsuits against the defendant Republic of Korea are dismissed.

2. Defendant F shall be either of the real estates listed in Appendix 1 attached hereto.

Reasons

Judgment on the claim against Defendant F

(a)the description of the reasons for the claim is as shown in Appendix 2;

B. The Plaintiff asserts that the determination of the claim against the Defendant Republic of Korea as to the claim under Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable legal doctrine regarding the claim is that the Plaintiff seeks confirmation of the same purport as the claim against the Defendant Republic of Korea, if the G, which is recorded as the person under the name of the circumstance in the land ledger of the instant real estate, is no longer permissible. The Defendant Republic of Korea asserts that the instant real estate is obviously owned by G, which is the name of the land owner, and that there is no benefit in seeking confirmation of ownership against the Defendant Republic of Korea.

If a claim for confirmation of land ownership against the State is unregistered and the land is not registered in the land ledger or the forest ledger, or the nominal owner is unknown, there is benefit of confirmation only when there are special circumstances, such as denying ownership by a third party registered or the State continues to exist while denying ownership by a third party (see, e.g., Supreme Court Decision 2015Da230815, Oct. 27, 2016). In light of the aforementioned legal principles, the following circumstances are comprehensively taken into account: (a) No. 5 evidence; (b) No. 1 evidence (including main numbers) of this case; (c) the fact-finding on the H surface of this court; and (d) the entire purport of inquiry and alteration on the real estate and the forest ledger; (d) the real estate recorded in Attached No. 1 (1) of annexed Table 1 among the real estate of this case, which was recorded in the G-gun, the land of this case, the land of this case, the land of which was recorded in the G-gun, and the land of this case.

The situation of this case is written, and the address of the owner on each land lot is the same as this space.