소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Plaintiff’s assertion
On April 22, 1994, the Plaintiff entered into a sales contract with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned B and B, and completed the ownership transfer registration as the receipt No. 26316 on May 25, 1995 by the Daegu District Court Seo-gu Branch of the Daegu District Court. The Plaintiff entered “E”, not the Plaintiff’s resident registration number, which is the Plaintiff’s resident registration number, by mistake in the process of registration.
Accordingly, although the plaintiff applied for the registration of correction of the indication of the registered titleholder to the above court registrar, the plaintiff was dismissed, and the objection against the disposition was also dismissed.
Therefore, this case’s real estate against the Defendant is seeking confirmation as owned by the Plaintiff.
If a claim for confirmation of land ownership against the judged state regarding this safety defense is unregistered and the land is not registered in the land cadastre or forest land cadastre or forest land cadastre, or the registrant is not known, if the presumption of right is not recognized in the entry of the owner of the land cadastre or forest land cadastre for unregistered land or forest land cadastre, or if there are special circumstances, such confirmation is a benefit only in the event that the State continues to assert state ownership while denying the ownership of a third party registered or recorded.
(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 indicated in the name, address, resident registration number, etc. of the registered 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 indication of the registered titleholder, and the Supreme Court Decision on June 13, 1995.