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(영문) 대구지방법원 2018.11.29 2018가단116450

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around September 2014, the Daegu Dong-gu E-gu 1587 square meters (hereinafter “the land before subdivision”) was divided into 807 square meters and B 780 square meters in Daegu-dong-gu, Daegu-gu (hereinafter “instant land”) (hereinafter “instant land”).

B. As to the land before subdivision, as of February 20, 1965, the share of co-ownership was 1/3 each, and the domicile was registered with the “C” with the “F of Daegu-gu, Dong-gu” (hereinafter “C on the register”), G, C, and H3 ownership transfer registration was completed.

The shares of the above H and G 1/3 are transferred in succession, and currently owned by the defendant, and the shares of C 1/3 in the above register remain as they remain.

C. The Plaintiff’s father’s deceased on March 14, 1989, and both his wife I and other children except the Plaintiff have renounced inheritance, and the Plaintiff solely succeeded to the deceased’s property.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion is the same person as C and D, whose father is the Plaintiff’s father, on the registry, and the name and address are different, and thus, it is not confirmed that the Plaintiff is the same person. As such, the Plaintiff asserted that it is necessary to register inheritance, and sought confirmation from the Defendant as the father of C and

3. Whether the lawsuit of this case is legitimate

A. In a lawsuit for confirmation of relevant legal principles, mere fact-finding does not have the interest in confirmation.

(See Supreme Court Decision 92Da23872 delivered on December 8, 1992). In a lawsuit for confirmation, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is recognized that the determination by the confirmation judgment is the most effective and appropriate means to eliminate the Plaintiff’s legal status when the Plaintiff’s legal status is unstable and dangerous.

A third party, not the State, asserts that he/she is a legitimate owner of the land, the ownership transfer registration of which is made, shall be made against the titleholder.