소유권확인
1. It is confirmed that the Plaintiff’s ownership of Blue City Blue City B is 387 square meters.
2. The costs of the lawsuit are assessed against the defendant.
1. The judgment of the Defendant as to the main defense against the Defendant is unlawful, since C is indicated as its owner in the land cadastre of the Gumi-si B large 387 square meters (hereinafter “instant land”). As such, the instant claim against the Defendant against the Defendant is deemed unlawful.
When land is unregistered and is not known who is a registrant on the land cadastre, a claim for confirmation of land ownership against the State is a benefit of confirmation.
In full view of the purport of the entire pleadings as to this case’s health stand, Gap evidence Nos. 1 and 3 (including household numbers, hereinafter the same), it can be acknowledged that the land of this case is unregistered land and its land cadastre is indicated as owner C, whose resident registration number and D resident registration number as indicated on the above land cadastre are identical, and the address of Eul on the above land cadastre is indicated as Edong.
According to this, it is difficult to find who is the “C” as the owner in the land cadastre of the instant land. Therefore, the Plaintiff has a benefit to seek confirmation of ownership of the instant land against the Defendant.
Therefore, the defendant's defense is without merit.
2. In full view of the following circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 9 as to the merits, the land in this case is the title trust of the Fmpha D and the title trustee’s status is externally inherited to D, and there is a benefit to seek confirmation, as the defendant contests this issue.
① In the land cadastre of this case, the term “owner” is indicated as “the date of the change”, “the restoration of the owner,” “the address,” “Edong,” “C” and “G” as “the date of the change.”
② A resident registration card shall be registered with the domicile of the Si/Gu Si/Gu from October 20, 1968 to September 17, 1995, which was the first date of preparation of the resident registration card.