beta
(영문) 대전지방법원 2016.01.21 2014가단14549

소유권확인 등

Text

1. The plaintiff's action against the defendant is dismissed.

2. Attached Form;

1. Each of the Defendants listed in the list shall be the Plaintiff.

Reasons

1. Determination on the claim against Defendant Republic of Korea

A. 1) The Plaintiff’s assertion 1) The Plaintiff indicated “W” in the copy of the register, even though the Plaintiff was Defendant B, etc., the heir of the deceased V. In this regard, the Plaintiff demanded the competent registry office to revise the indication of the registered titleholder as “V,” but the public official in charge was required by the court’s judgment. Accordingly, Defendant B, etc., by subrogationing Defendant B, etc. against the Republic of Korea, etc., sought confirmation of the owner of the instant land. 2) Defendant Republic of Korea’s assertion that Defendant Republic of Korea did not deny that the owner of the instant land is Defendant B, etc. or did not assert that the ownership

B. 1) Where there is an error or oil in the indication, such as the name or address of the registered titleholder with respect to the existing registration, in principle, a new registration is made after correcting the indication of the registration titleholder by making a registration of correction of the indication of the registered titleholder (Supreme Court Order 2008Ma943, Aug. 28, 2008). An objection may be filed with the competent district court against the decision or disposition of the competent district court which rejected the application for registration of correction (Article 100 of the Registration of Real Estate Act). A complaint may be filed against the competent district court pursuant to the Non-Contentious Case Litigation Procedure Act (Article 105(2) of the Registration of Real Estate Act). Accordingly, the Plaintiff may obtain the inheritance registration of the instant land from the heir after making the registration of correction following the above procedure and the seeking the confirmation of ownership against the Defendant Republic of Korea cannot be deemed the most effective means to eliminate anxiety in the existing legal relationship. In addition, a claim against the State for confirmation of ownership is unregistered and the land is no registrant or the registration titleholder in the forest book.