(영문) 창원지방법원 2019.10.10 2018가합56162

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(영문) 창원지방법원 2019.10.10 2018가합56162

동일인확인 청구의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion is the Plaintiff’s second hand of the Plaintiff’s prior charter D (hereinafter “the deceased”).

C (C; hereinafter referred to as “C”) shall be the owner of the above land in the forest land register of 298 square meters of B forest land in Changwon-si, Changwon-si (hereinafter referred to as “instant land”), and C, the deceased and the registered titleholder, shall be the same person.

The Plaintiff, as the descendants of the Deceased, is different from the one indicated in the forestry book and inherited the instant land, and thus, did not receive compensation from the Defendant for the said land incorporated as the site for the Defendant’s development project for the Northwest area. Therefore, the Plaintiff seeks confirmation of the identity of the deceased and C, the registered titleholder, against the Defendant.

2. Whether the lawsuit of this case is lawful

A. We examine ex officio the lawfulness of the instant lawsuit.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate anxietys and risks in rights or legal status, and mere fact or fact-finding is not allowed as there is no benefit of confirmation.

In light of the above legal principles, the question of whether the deceased and C, who is the title holder of the registration, is the same person is unlawful since there is no interest in confirmation as a mere fact or fact-finding.

[In a case where there is a person who has been registered as an owner in the registry, land cadastre, or forest land cadastre with respect to a parcel of land, when the said person obtains a final and conclusive judgment that the said real estate is owned by the applicant for registration of preservation of ownership in a lawsuit against the nominal owner, the registration of preservation of ownership may be applied for. As such, in principle, there is a benefit in verifying the ownership against the nominal owner (see Supreme Court Decision 201Da

유사 판례

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