소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The land cadastre with respect to the land cadastre of 1,031 square meters (hereinafter “instant land”) previously asserted by the Plaintiffs in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and Chungcheongnam-gun, the first owner whose address was located in the instant land was examined, and the Plaintiffs’ prior-friendly deceased I is registered as the owner whose ownership was transferred on January 11, 1913.
Although the plaintiffs filed an application for registration of preservation of ownership of the land of this case as the deceased I's heir who is the owner of the land of this case, the defendant did not hinder registration of preservation of ownership while denying the plaintiffs' ownership.
Therefore, with respect to the Defendant, the Plaintiffs primarily seek confirmation of the ownership ownership of each of the instant land’s shares in inheritance. If H, which was recorded as the first owner on the instant land cadastre that is not the Plaintiffs, has a benefit to seek confirmation of ownership of the instant land, the Plaintiffs, as a preliminary one, seek confirmation of ownership ownership of the instant land by subrogation of H as the claimant for ownership transfer registration of H as to the instant land.
2. The defendant's judgment on the main defense is based on the defense that there is no interest in the confirmation of ownership against the defendant who is the state. Thus, the defendant's judgment on the main defense is based on the defense that there is no interest
The claim for confirmation of land ownership against the State is unregistered and the land is not registered on the land cadastre or the forest land cadastre, or the identity of the registrant is unknown, and there is a benefit of confirmation only in special circumstances, such as the State's continued to deny the ownership of a third party who is a registered titleholder, and there is no benefit of confirmation.
(Supreme Court Decision 2018Da24246 Decided May 16, 2019, and Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). In addition, registration of preservation of ownership is proved by a certified copy of land cadastre to be registered as the owner of the land cadastre or forest land cadastre by the decedent.