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Cases
207 Ghana 47349 de facto ownership verification
Plaintiff
****** 2*********)
Seoul Western-gu Hongdong* *
Attorney Lee Chang-tae, Counsel for the defendant-appellant
Defendant
57****** 2***********)
Bupyeong-gu Incheon Bupyeong-gu Mapyeongdong* *
Law Firm Whitek, Counsel for the defendant-appellant
Attorney Lee Tae-tae, Counsel for the plaintiff-appellant
Conclusion of Pleadings
May 30, 2008
Imposition of Judgment
July 4, 2008
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Purport of claim
It is confirmed that the Plaintiff has de facto ownership of the unauthorized building listed in the attached list.
Reasons
○ The Plaintiff asserts that, in relation to the payment of compensation, it is necessary to obtain confirmation that the Plaintiff acquired de facto ownership in relation to the payment of compensation, it is necessary to obtain the confirmation that the Plaintiff has de facto ownership in relation to the Defendant, since the Plaintiff acquired de facto ownership in relation to the payment of compensation, it is necessary to obtain confirmation that the Plaintiff has de facto ownership in relation to the management ledger of the unauthorized building, which is designated as a residential environment improvement improvement zone and registered as its owner on the ledger of the unauthorized Building Management of Unauthorized Building.
○ However, since the current law does not recognize rights or legal status as de facto ownership (see Supreme Court Decision 2006Da49000, Oct. 27, 2006). The instant lawsuit seeking the confirmation is unlawful (it is reasonable to deem that the Plaintiff has the right to receive compensation, even if the Plaintiff seeks confirmation that the right to receive compensation is the Plaintiff, the right to receive compensation should not be limited to cases where the Plaintiff actually acquired the right by mutual agreement between the parties, such as the use of unregistered and unauthorized buildings, profit, sale and gift, etc., but it cannot be extended even when the prescriptive acquisition has been completed).
○ The instant lawsuit is dismissed.
Judges
Judges Kim Jong-sung 1