소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. As to the legitimacy of the instant lawsuit, the Plaintiff asserted that the instant land against the Defendant was owned by the net C (actual address: Mayang-si) and owned by the net C (actual address: Mayang-si). The Plaintiff, the heir, was not complete the registration of ownership transfer with respect to the instant land on the wind that the net C’s address was recorded only in the net C, so that the Plaintiff, the heir, was unable to complete the registration of ownership transfer with respect to the instant land. As such, the Plaintiff asserted against the Defendant that the instant land was owned by the net C (actual address: Mayang-si).
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.
(See Supreme Court Decision 95Da14817 delivered on July 25, 1995, and Supreme Court Decision 94Da39123 delivered on May 9, 1995, etc.). However, the instant land is not unregistered land, but is owned by a titleholder on the registry, and the Defendant does not dispute the ownership of the instant land as owned by the State while denying the ownership of the titleholder. Thus, the instant lawsuit is unlawful as there is no benefit of confirmation.
(2) The Plaintiff did not seek confirmation of ownership against the State, but did not take the procedure for the registration of ownership transfer along with the materials to recognize that the Plaintiff is a legitimate heir with respect to the instant land, and if the application for registration is rejected, it would have to be disputed by the registrar’s objection against the disposition, etc.).