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(영문) 서울중앙지방법원 2015.01.20 2014가단2394

토지소유권확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As to the instant claim seeking confirmation of ownership by the Plaintiff’s assertion that the Plaintiff is the heir of the real estate indicated in the separate sheet (hereinafter “instant real estate”) and seeking confirmation of ownership, the Defendant asserts that there is no benefit in seeking confirmation of ownership against the Defendant, since the name of the titleholder is recorded in the land cadastre of the instant real estate.

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.

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the ownership of the real estate in this case, and by misapprehending the legal principles as to the ownership of the real estate in this case, the court below erred by misapprehending the legal principles as to the ownership of the real estate in this case. The court below erred by misapprehending the legal principles as to the ownership of the real estate in this case, thereby affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal.

Therefore, the defendant's defense prior to the merits is without merit.

2. The assertion and judgment as to the cause of the claim

A. While the Plaintiff’s fleet B owned the instant real estate upon assessment on November 24, 1935, the Plaintiff’s father C succeeded to the ownership of the instant real estate upon the death of C on April 27, 2004. The Plaintiff succeeded to the instant real estate upon the death of C on April 27, 2004. The instant real estate is merely indicated only in the name of the owner B in the land land cadastre, and there is no resident registration number or address, etc. in the instant real estate.