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(영문) 청주지방법원충주지원 2014.11.19 2014가단1266

소유권확인 등

Text

1. Of the instant lawsuit, the part of the claim against the Defendant Republic of Korea is dismissed.

2. The plaintiff's defendant B, C, D, E, F, and G.

Reasons

1. Of the instant lawsuit, the Plaintiff asserts that: (a) Nonparty I, the father of the Plaintiff, and the registered titleholder of the land of this case, are the same person; (b) the name of the original father of the Plaintiff and the name of the original owner of the land of this case is impossible to register inheritance due to the difference between the original father of the Plaintiff and the name of the original owner; (c) thus, (d) the Plaintiff and the remainder of the Defendants, who are the original heir of the land of this case, are seeking confirmation as to each relevant shares

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 land of this case is not unregistered land, but is owned by a titleholder on the registry, and the land of this case is owned by the Republic of Korea while the Republic of Korea denies the ownership of the titleholder, and does not dispute the ownership of the land of this case as owned by the State. Thus, the part of the lawsuit of this case against the Defendant Republic of Korea in

(1) The Plaintiff, etc. does not seek confirmation of ownership against the State, but rather take the procedure for registration of ownership transfer along with materials to recognize that the Plaintiff, etc. is a legitimate heir for the instant land, and if the application for registration is rejected, the Plaintiff shall dispute by means of filing a formal objection, etc. against the disposition of the registrar.