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(영문) 대구지방법원안동지원 2014.12.24 2012가단10577
소유권이전등기
Text

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

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

Reasons

1. Whether the plaintiff's action against the defendant in Korea is legitimate

A. The gist of the Plaintiff’s assertion is: (a) the Plaintiff purchased each real estate listed in the [Attachment 1] List from the deceased S from the deceased S (hereinafter “each of the instant real estate”); (b) the Plaintiff’s husband acquired each of the instant real estate from the deceased’s husband for twenty (20) years and the prescriptive acquisition was completed; and (c) the Plaintiff inherited each of the instant real estate out of the deceased W’s property; (d) there was no registry of each of the instant real estate listed in [Attachment 1](12), (13), and (14) of the instant real estate (hereinafter “instant unregistered real estate”); and (c) there was no entry of the deceased S’s resident registration number or address as the owner on the land cadastre of the instant unregistered real estate; and (d) so, to file an application for registration of ownership preservation under the name of the deceased S’s heir, the Plaintiff sought confirmation of ownership of the instant unregistered real estate against the Defendant Republic of Korea.

B. 1) Whether this part of the lawsuit is lawful, there is no interest in confirmation (see, e.g., Supreme Court Decision 92Da23872, Dec. 8, 192). A claim for confirmation of ownership against the State is a land unregistered, and there is interest in confirmation only when there are special circumstances, such as the State's refusal of ownership by a third party who is a registered titleholder, and the State's continued assertion of ownership, etc. (see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 195). However, in full view of each of the statements in subparagraph 2 through 14, the land cadastre of the unregistered real estate in this case is recognized that the above registered titleholder has the domicile in the "Yeongcheon-gun," and the above defendant's Republic of Korea is recognized as having the domicile in the "Seong-gun," and the above defendant's Republic of Korea.

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