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(영문) 대전지방법원 2018.09.18 2018가단204487
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff asserted that the instant real estate, which is unregistered land, was owned by the Plaintiff, and succeeded to the instant real estate through his father B, and sought confirmation against the Defendant Republic of Korea that the said real estate was owned by the Plaintiff.

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). Although the real estate of this case for which the Plaintiff seeking the confirmation of ownership was unregistered land, the real estate of this case was determined as D on January 19, 1920, and the address of the person under the above circumstances was not indicated, although the situation did not indicate the address of the person under the above circumstances at the time of the situation, the land investigation rules of the Joseon General and the Provisional Land Investigation Bureau (No. 33, Jun. 7, 1913, 1913, etc.) (No. 4) [Attachment 4 (Land Investigation Division)] of the non-paragraph (2) of the non-paragraph (2) of the non-paragraph (2) of the non-paragraph (2) stating that the address at the time of the owner’s domicile and location is the same as that of the land, the owner of the real estate of this case is also indicated as “D” of this case’s non-paragraph (4).

As such, although the instant real estate is unregistered land, it does not constitute a case where the identity of the registrant on the land cadastre can be identified as the registrant on the land cadastre, and it does not constitute a case where the identity of the registrant on the land cadastre is unknown, and the Defendant owns the ownership of that registrant.

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