소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff filed a claim shall complete the registration of ownership transfer based on sale on December 15, 1963, Cheongju District Court No. 3897, received on December 24, 1963, with respect to the real estate stated in the separate sheet.
However, the registration was completed by mistake in the process of the registration, stating the address of the Plaintiff on the register as “Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do,” not “Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-gun
The plaintiff currently owns 1/5 of the shares of the real estate listed in the separate sheet, together with each E, F, G, and H, and seek confirmation that each share of the real estate listed in the separate sheet is owned by the plaintiff.
2. The defendant asserts that the lawsuit of this case is unlawful as there is no benefit of confirmation.
If a claim for confirmation of land ownership against the State is unregistered and no registered titleholder exists in the land cadastre or forest land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, if the presumption of right is not recognized in the entry of the owner of land cadastre or forest land cadastre for unregistered land or forest land cadastre, or if there are special circumstances, such as denying the ownership of a third party registered by the State and continuing to claim state ownership, there is benefit in confirmation.
(see, e.g., Supreme Court Decision 2010Da45944, Nov. 11, 2010). On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of a registered titleholder stated in the register, a correction is made without changing the identity of the person entered in the registration titleholder.
(See Supreme Court Decision 95Da33214 delivered on April 12, 1996). Accordingly, in a case where a registration of land has been made, the entry of the holder of a title on the registry does not coincide with the actual entry of the holder of a title on
Even if the identity of personality is recognized, it is possible to register the change of identification of a registered titleholder (see Supreme Court Decision 94Da36360 delivered on June 13, 1995).