소유권확인
1. The Defendant confirms that the Plaintiff is the Plaintiff’s ownership of the 662 square meters in the Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul and the 29 square meters in the Dong-gu, Dong-gu, Chungcheongnam-gu.
2...
1. Facts of recognition;
A. On the land cadastre of 662m2, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and C road 29m2 (hereinafter “each of the instant lands”), a unregistered land, Nonparty E, who had an address in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and Dong-gu (hereinafter “each of the instant lands”), is indicated as the transfer of ownership of each of the instant lands on December 10, 19
B. G, the Plaintiff’s prior domicile in the Dong-gu, Nam-gu, Dong-gu, Seoul, died on March 2, 1956, and H, the head of the family and the inheritance of the head of the family and the property. After H’s death, the heir of the attached list inherited each of them.
C. On May 4, 2019, the Plaintiff and the successors in the separate sheet divided the inherited property agreement with respect to the Plaintiff’s sole inheritance of each of the instant land.
[Grounds for Recognition: Entry of Evidence No. 1-1 to 4, and Evidence No. 3, and the purport of the whole pleadings]
2. Determination
A. The defendant's judgment on the defendant's main defense does not constitute a case where each of the lands in this case is written in E as unregistered land, land cadastre, and land cadastre owner, and the State denies the ownership of each of the lands in this case and there are special circumstances, such as the State's assertion of state ownership. Thus, the lawsuit in this case is unlawful as there is no benefit of confirmation
The claim for confirmation of land ownership against the State shall be limited to the cases where the land is unregistered, and there is no person registered in the land cadastre or forest land cadastre, or the identity of the person registered in the land cadastre or forest land cadastre is unknown, and there is a benefit of confirmation only when the State denies the ownership of a third person who is a person registered in the land cadastre or forest land cadastre and there are special circumstances, such as continuing to claim state ownership. As seen earlier, although each land of this case is unregistered land and its ownership is "E" on the land cadastre, the land cadastre alone cannot be identified as the person registered in the land cadastre, and the defendant is the land cadastre in this case.