logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.05.31 2016가합54688
소유권확인
Text

1. The plaintiff's lawsuit against the defendant Korea Land and Housing Corporation shall be dismissed.

2. Attached list between the Plaintiff and the Defendant B.

Reasons

1. Basic facts

A. In both weeks, the Plaintiff leased a 418 square meters and D paddy field 3,453 square meters prior to C, and operated a son farm in each obstacle indicated in the attached Table on the ground.

B. The Defendant Korea Land and Housing Corporation, as a project implementer of the E-Road Construction Project, completed the registration of transfer of ownership on the ground of a consultation on the land for public use on February 17, 2016, with respect to the land of 418 square meters in Yangju-si incorporated into the said road site from F on March 8, 2016, as to the land of 3,453 square meters in Yangju-si incorporated into the said road site from Defendant B (hereinafter “instant land”).

C. The Defendant Korea Land and Housing Corporation has carried out the compensation procedure for each obstacle indicated in the separate sheet, and the Plaintiff and Defendant B asserted that each obstacle listed in the separate sheet is one’s own ownership, and the Defendant Korea Land and Housing Corporation has not paid the compensation because it was impossible to determine its owner.

[Ground of recognition] The fact that there is no dispute, Gap evidence 9-4, Gap evidence 10, 12, Eul evidence 4, the purport of whole pleadings

2. Determination on the main defense of the lawsuit against the defendant Korea Land and Housing Corporation

A. As to the instant lawsuit seeking confirmation of ownership of each obstacles listed in the separate sheet against the Defendant Korea Land and Housing Corporation, the Defendant Korea Land and Housing Corporation has no interest in confirmation.

B. 1) In a lawsuit seeking confirmation, the benefit of confirmation lies in confirmation only when the existence of a legal relationship, which is a subject matter of lawsuit, is unclear and its relationship is immediately finalized between the parties, and the risk or instability existing in the Plaintiff’s rights or legal status may be removed. Therefore, even though a lawsuit seeking performance may be brought, the filing of a lawsuit seeking confirmation is not a final solution of the dispute, and thus there is no benefit of confirmation (see Supreme Court Decisions 93Da40089, Nov. 22, 1994; 9.3.9, Mar. 9, 2006>

arrow