logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2020.06.24 2020가단33151
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The registration of ownership transfer has been completed in the name of Jinyang-gun B with respect to the real estate listed in the attached list of the facts of recognition (hereinafter “instant land”).

[Reasons for Recognition] Class A 4-1, 2, 3, and 4-2

2. Judgment on the defendant's main defense

A. The gist of the defendant's defense is that the registration of ownership transfer is completed in the name of A, and that the State does not constitute a case where the State denies the ownership of the titleholder or the titleholder of the registration and claims ownership. Therefore, the plaintiff's lawsuit of this case is unlawful as there is no benefit in confirmation

B. Determination 1) In a case where a claim for confirmation of land ownership against the State of relevant legal principles is unregistered and the land is not registered in the land cadastre or the forest land cadastre, or the identity of a registered titleholder is unknown, there is benefit of confirmation only when there are special circumstances, such as where the State denies the ownership of a third party registered or registered, and continues to assert ownership. Meanwhile, where there are errors or omissions in the name, address, resident registration number, etc. of the registered titleholder, the change of indication of the registered titleholder means correcting the registration without changing the identity of the person recorded in the registered titleholder. Therefore, in a case where the registration of land is made, if the identity of the person recorded in the registration titleholder is recognized even if the entry of the registered titleholder is inconsistent with the actual ownership, it is possible to register the indication of the registered titleholder, and there is no benefit to seek confirmation against the State on the actual ownership (see, e.g., Supreme Court Decision 2015Da230815, Oct. 27, 2016).

arrow