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(영문) 대구지방법원의성지원 2017.10.11 2017가단10062
소유권확인
Text

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

2. The remaining Defendants except the Defendant Republic of Korea shall be the defendants.

Reasons

1. As to the defendants other than the defendant Republic of Korea

(a) Indication of Claim: Except for the addition of “S was deceased on August 24, 1961 and the Defendants inherited or inherited the property in proportion to the shares in the Schedule as listed in the Schedule,” the description of the cause of the Claim is as shown in the Annex.

(b) Applicable provisions of Acts: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. As to Defendant Republic of Korea

A. As to the determination of this safety defense, the Plaintiff sought against the Defendant Republic of Korea the confirmation of the ownership of the remaining Defendants on the real estate listed in paragraph (3) of the [Attachment List (hereinafter “instant land”), the Defendant Republic of Korea has no interest in such confirmation.

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 94Da27649 delivered on September 15, 1995). Although there was no dispute between the parties that the land of this case is unregistered, the name of “S” was entered in the “owner” column “B” column of the land cadastre (proof No. 1) along with the resident registration number and address. In light of the results of inquiry into the private-use office, “S” recorded as the owner in the land cadastre of this case and “S”, the predecessor of the remaining Defendants except the Defendant Republic of Korea, can be recognized as the same person, and there is no evidence to deem that the Defendant Republic of Korea claims the State-owned ownership of the above land.

Therefore, the Plaintiff has no interest in seeking confirmation of ownership of the instant land against the Defendant Republic of Korea.

B. Accordingly, the Plaintiff’s lawsuit against the Defendant is unlawful.

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