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(영문) 대전지방법원공주지원 2020.10.29 2019가단20886
소유권이전등기
Text

All of the plaintiff's lawsuits against the defendant and the conjunctive defendant shall be dismissed.

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

Reasons

In a lawsuit for confirmation of the primary claim, the benefit of confirmation is one of the most effective and appropriate means to obtain a judgment of confirmation when there is a dispute between the parties about the legal relationship subject to it, and due to which the legal status of the plaintiff is at risk of unstable.

Moreover, the claim for confirmation of land ownership against the country is not unregistered and is not known as the registrant on the land cadastre, and there is a benefit of confirmation only when there are special circumstances, such as the state's refusal of ownership by a third party who is the titleholder of registration or enrollment, and the state continues to claim ownership.

(2) Article 245(1) of the Civil Act provides that “The owner shall file a request for ownership transfer registration with the owner at the time of completion of the prescription period, which is the loss of ownership, in order to acquire the ownership of the land upon the completion of the prescription period” (see, e.g., Supreme Court Decision 94Da39123, May 9, 1995). In addition, even if the period for the acquisition of ownership expires, it is merely that the right to claim ownership registration for the acquisition of ownership is not effective immediately, and it is merely that the owner acquires the ownership without the completion of the period for the acquisition of ownership solely on the basis of the completion of the period for the acquisition of ownership.”

(see, e.g., Supreme Court Decisions 80Da3121, Sept. 22, 1981; 2006Da22074, 22081, Sept. 28, 2006). In light of the above legal principles, even if the acquisition by prescription for possession of the land listed in the separate sheet was completed by the Plaintiff, the Plaintiff as a title holder of assessment against the Defendant or his/her heir’s ownership is confirmed.

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