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(영문) 서울중앙지방법원 2016.05.10 2015가단5253248

소유권 확인의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 22, 1972, the registration of ownership transfer was completed on June 19, 1972 in the name of “A,” the domicile of which is “A,” with respect to the real estate stated in the purport of the claim of the basic facts (hereinafter “instant real estate”).

[Ground for recognition] Unsatisfy, Gap evidence 2

2. Determination on the defense prior to the merits

A. The plaintiff's assertion ① is different from the plaintiff's present and past domicile at A's domicile on behalf of the plaintiff, but this is merely because the person who filed an application for registration on behalf of the plaintiff or the registered public official caused mistake in the process of changing the identity of the owner, and the name of the above registered titleholder A is the same as that of the plaintiff, and even in the case of former owner D of the real estate of this case, the former owner of the real estate of this case was corrected on the registry, and the plaintiff has been managing the real estate of this case for a long time without any dispute through Aisi E., it is obvious that he is the plaintiff, and therefore, the plaintiff is the owner of the real estate of this case. Thus, the plaintiff is claiming that the plaintiff is seeking confirmation that he has ownership of the real estate of this case against the defendant. ② The defendant asserts that the lawsuit of this case

B. (1) The Registration of Real Estate Act provides that “The registration of change or revision of the indication of the title holder of the relevant right shall be filed unilaterally by the title holder of the relevant right, a person who is dissatisfied with the decision or disposition of the registration officer may file an objection with the competent district court, and a person may file an appeal against the competent district court pursuant to the Non-Contentious Case Litigation Procedure Act against the decision of the competent district court.” (Articles 23(6), 100 and 105 of the same Act), a claim for confirmation of land ownership against the State against the State is unregistered, and the land is not registered, and it is impossible for the State to identify who is the title holder of the registration on