(영문) 창원지방법원밀양지원 2016.08.31 2016가단10614

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(영문) 창원지방법원밀양지원 2016.08.31 2016가단10614

소유권확인

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. D on June 18, 1955, the real estate of this case was completed the registration of ownership transfer based on sale on February 10, 1943.

B. F, the legal domicile of which was established in P in Pyang-si, died on January 7, 1959, and the Plaintiff, the family heir, inherited F’s property solely.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual number) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that D with a domicile in Yangyang-si, the owner of the instant real estate, and F with a permanent domicile in Fyang-si, the Plaintiff was the same person, and F with F’s death, the Plaintiff independently inherited the instant real estate. As such, the pertinent registry office rejected the Plaintiff’s application for ownership transfer registration based on inheritance of the Plaintiff’s above real estate on the ground that D’s address as the owner of the instant real estate and F’s identity, the Plaintiff’s agent, were different, and thus, the Plaintiff sought confirmation as to the owner of the said real estate.

3. The defendant's judgment on this case's defense is unlawful because the lawsuit of this case has no interest in confirmation, and this is examined.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a judgment against the defendant to eliminate the danger, in danger, and in danger, in the plaintiff's rights or legal status.

In addition, the defendant of the confirmation is a person who is likely to cause anxietys in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, and in other words, a person who asserts conflicting interests with the legal interests of the plaintiff, and there is a benefit of confirmation against such defendant.

In addition, the claim for confirmation of land ownership against the country is unregistered and land cadastre.

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