(영문) 청주지방법원 2015.07.02 2014가단22185

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(영문) 청주지방법원 2015.07.02 2014가단22185

소유권확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion and the co-inheritors listed in the separate sheet inherited each of the instant lands from the deceased E, the final owner of each of the instant lands, in accordance with the pertinent inheritance shares ratio, as shown in the separate sheet. The register on each of the instant lands was destroyed, and no application was filed within the period of application for registration of recovery of loss.

Accordingly, the Plaintiff and co-inheritors indicated in the separate sheet wanting to register the preservation of ownership of each of the instant lands. As land cadastre E is indicated as not the first owner but the transfer of ownership is registered, the Plaintiff and co-inheritors cannot apply for the registration of the preservation of ownership directly in the future. As such, they seek confirmation as to the Defendant that each of the instant lands was inherited from the network E and the co-inheritors listed in the separate sheet.

2. Judgment on the interest of the lawsuit

A. As to the part of confirmation of the Plaintiff’s share ownership, a claim for confirmation of ownership ownership against the State is unregistered and the land is not registered on the land cadastre or the forest land cadastre, or the identity of the registrant is unknown, and there is benefit of confirmation only in the case of special circumstances, such as denying the ownership by a third party, who is the titleholder of the registration, and continuing to own the State (see Supreme Court Decision 2009Da48633, Oct. 15, 2009). According to Article 45 of the former Land cadastre Regulation (No. 45, Apr. 25, 1914), the former Land cadastre Regulation (No. 45, Jun. 25, 1914) provides that the ownership transfer cannot be registered on the land cadastre unless the public official’s notice is given. If the ownership transfer is registered in the name of the decedent at the time of the registration on the land cadastre, it shall be deemed that the registration was destroyed after the registration was made on the same date (see Supreme Court Decision 2003Da454, Aug. 24, 19

참조판례

-대법원 2009. 10. 15. 선고 2009다48633 판결

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