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(영문) 청주지방법원충주지원 2016.11.23 2016가단21844

소유권확인

Text

1. The part of the instant lawsuit against the Defendant Republic of Korea is dismissed.

2. Defendant B, C, D, E, F, G, H, I, J, K, L, M.

Reasons

1. Basic facts

A. The land cadastre of the real estate listed in the Attachment 1. List (hereinafter “instant real estate”) is indicated as “O” as the owner on March 10, 1912, but the address column is not indicated.

B. Meanwhile, the net P died on December 30, 1934, and Q, South Korea, succeeded to the property.

Q died on January 10, 1974, and the wife died on May 2, 1970, and his children S, T, Plaintiff, and Defendant N.

S died on March 5, 1975, U.S also died on March 26, 1986, and Defendant B, C, D, E, and V, who were their children, received inheritance of property.

And, V died on September 1, 2002 and succeeded by Defendant F and his wife, Defendant G and H.

On the other hand, T was killed on November 6, 2009, W, his spouse, died, and C was succeeded by Defendant I, J, K, L, and M, his child.

C. The Plaintiff and Defendant B, C, D, E, F, G, H, H, K, K, L, M, and N are co-inheritors with respect to the instant real estate. On February 5, 2016, an inherited property division agreement was concluded with the purport that the Plaintiff will transfer the ownership of the instant real estate to the Plaintiff.

[Reasons for Recognition] Defendant Republic of Korea: the purport of the entire entries and arguments set forth in Evidence A Nos. 1, 2, and 4, Defendant B, C, D, E, F, G, H, I, J, K, L, M, and N: Unwritten judgment

2. Determination:

A. Defendant Republic of Korea has no interest in confirmation as to the claim against Defendant Republic of Korea. Of the instant lawsuit, Defendant Republic of Korea has asserted that there is no interest in confirmation.

The claim for the confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is not known on the land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where there are special circumstances, such as the State's continued to assert the ownership.

(see, e.g., Supreme Court Decision 93Da58738, Dec. 2, 1994). In this case, this refers to the case.