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(영문) 청주지방법원 충주지원 2018.09.06 2018가단1363

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The instant land is unregistered land, and its land cadastre is written on November 15, 1914, B (B, address: C) by which the assessment was made.

【In the absence of dispute, the Plaintiff’s assertion as to the lawfulness of the suit of this case as to the Plaintiff’s legal purport of the suit of this case, the Plaintiff’s assertion as to the facts of lack of dispute, Gap’s evidence Nos. 1 and 2 (including the provisional number), and the entire purport of the pleading, is the land owned by the Plaintiff’s father, and D died on May 24, 194, and on January 19, 2018, the inheritor owned the relevant land through an inheritance division consultation.

However, since the land in this case is unregistered, and the situation of the land is indicated as B) and its address and it is impossible to register inheritance preservation. Thus, the claim for confirmation of ownership against the country judged that there is interest in seeking confirmation of ownership against the defendant is unregistered and there is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in the case of special circumstances, such as the state's refusal of ownership by a third party who is the registered titleholder, and the state continues to own ownership (see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009).