소유권확인
1. Each of the real estate listed in the separate sheet No. 1, as indicated in the separate sheet No. 2.
1. On the instant claim seeking confirmation of ownership, the Plaintiffs asserted that they were the successors of 1/3 of the 1/314 square meters of forest E-gu, Daegu-gu (hereinafter “instant land”) and that they were the successors of the 1/3 equity right holders of the instant land. On the land cadastre of the instant land, the Defendant asserts that there is no benefit in confirmation of ownership against the Defendant, since the name and resident registration number of the title holder are recorded in the land cadastre of the instant land.
A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.
(1) In light of the above legal principles, the court below held that the land of this case was registered, but only the name (F, G, H) of the co-owners and their respective addresses (F, H) are recorded in the forest land register and the name of the co-owner is indicated in the forest land register and the name of the person registered as the above resident registration number is "J". If the above resident registration number is recorded in the family land register and the resident registration number, it can be recognized that the name of the person registered as the above resident registration number is "J". Thus, if there are circumstances, it is reasonable to view that the identity of the person registered as the above resident registration number cannot be known solely on the basis of each entry in the register and the forest land register, and thus, the claim for confirmation of ownership against the defendant for confirmation of ownership is a benefit of such confirmation.
Therefore, the defendant's defense prior to the merits is without merit.
2. Judgment on the merits
A. The following facts after the facts of recognition do not conflict between the parties, or each of the above evidence and the evidence Nos. 7 to 16 are numbered.