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(영문) 제주지방법원 2019.06.13 2018가단6487

소유권확인청구

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1. It is confirmed that Jeju-si B cemetery 93 square meters and 96 square meters prior to C are owned by the Plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. Each land cadastre of the B cemetery 93 square meters and 96 square meters prior to C (hereinafter “each of the instant lands”) at Jeju-si, indicated as being the assessment of each of the instant lands in D (E) F, July 15, 1913.

The address, date of birth, resident registration number, and resident registration number of the person named in the circumstance are not indicated.

(A) No. 1, 2). (b)

In Jeju, D(H) I died on January 1, 1967, and D(H) co-inheritors, including the Plaintiff, agreed to inherit the instant land.

(A, Nos. 5, 5-1). (c)

The Plaintiff filed the instant lawsuit seeking confirmation that the Plaintiff, a heir of D(H), is the Plaintiff’s decedent, and that the Plaintiff did not recognize the ownership of the instant land on the ground that the Plaintiff merely entered “I” in the land cadastre as “F,” although the Plaintiff merely entered the name of D’s land cadastre as “F.”

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 4, and 8 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. The Defendant asserts that this case’s land does not constitute a land where the title holder of the situation is either unknown or unknown, and that the Defendant does not deny the ownership of D(E). Thus, the instant lawsuit seeking confirmation of ownership does not have a benefit to seek confirmation.

In each land cadastre of this case, the name holder is only indicated as D(E) and does not state his address, date of birth, and resident registration number, and there is a dispute as to whether D(E) and D(H(H) of the Plaintiff’s decedent are the same person. In such a case, it is not possible to identify who is the name holder of registration in the land cadastre.

As such, the plaintiff has a benefit to confirm his ownership.

Therefore, this part of the defendant's defense is the same.