토지 소유권확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the land cadastre based on the basic facts, C is indicated as having received the assessment on March 20, 1916 with respect to the members B of Ansan-si and 390 square meters (hereinafter “instant land”). However, C’s address, etc. is not indicated.
The land of this case is currently unregistered.
[Ground of recognition] Facts without dispute, Gap 1, Eul 1, Eul 2, 3, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant's assertion that there is no benefit to seek confirmation of ownership against the defendant, since C is written as its owner on the land cadastre of this case as to the land of this case and there is a registered titleholder.
B. A claim for confirmation of land ownership against the State is a land unregistered and its registrant is not known on the land cadastre or forest register, and there is benefit in confirmation only when there are special circumstances, such as continuing to assert State ownership while denying the ownership by a third party who is the titleholder of the registration or enrollment.
(see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009). According to Article 87 Subparag. 4 of the Act on the Establishment, Management, etc. of Spatial Data, a creditor may subrogate an application that a landowner, who is a debtor, shall comply with the said Act in order to preserve his/her claim, but may not file an application for correction of registered matters in the cadastral record under Article 84 of the said Act by subrogation.
If part of the entry on the land cadastre is omitted, it is difficult to apply for registration of preservation of ownership based on the land cadastre because the identity of the registrant is unknown. The creditor of the landowner on the land cadastre cannot correct the registered matters on the land cadastre in subrogation of the landowner. Thus, the creditor of the landowner on the land cadastre is subrogated of the land owner for the purpose of applying for registration of preservation of ownership.