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(영문) 창원지방법원마산지원 2020.07.09 2019가단2516
소유권이전등기등
Text

1. As to the Plaintiff, Defendant B, Defendant C, E, H, and I with respect to the share of 3/14 square meters among the forest J. 595 square meters in Gyeongnam-gun, Gyeongnam-gun, and Ha, respectively, 2/14.

Reasons

1. Determination as to the claims against Defendant B, C, D, E, F, G, H, and I

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination on the claim against Defendant Republic of Korea

A. The summary of Defendant Republic of Korea’s assertion is as follows: (a) Defendant Republic of Korea did not assert that the land was owned by a third party; and (b) Defendant Republic of Korea did not claim that the land was owned by 595 square meters in Jinan-gun, Gyeongnam-gun, Gyeongnam-gun, and that the land was owned by a third party

B. A claim for confirmation of land ownership against the country is not registered and is not known to the registrant on the land cadastre or forestry register, and there is benefit in confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the titleholder of the registration or enrollment, and the State continues to assert the ownership.

According to Article 87 subparagraph 4 of the Spatial Data Construction, Management, etc. Act, a creditor may subrogate an application to be filed by a landowner who is a debtor in order to preserve his/her own claim, but may not apply for the correction of registered matters in the cadastral record under Article 84 of the same Act by subrogation.

If part of the entry on the land cadastre is omitted, it is difficult to apply for registration of preservation of ownership based on the land cadastre because the identity of the registrant is unknown. The creditor of the landowner on the land cadastre cannot correct the registered matters on the land cadastre in subrogation of the landowner. Thus, the creditor of the landowner on the land cadastre should be deemed to have a benefit in seeking confirmation of ownership against the State by subrogation of the landowner for application for registration of preservation of ownership

(Supreme Court Decision 2018Da24246 Decided May 16, 2019). As to the instant case, the health class is the health class.

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