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(영문) 대전지방법원 서산지원 2018.08.07 2017가단53984
토지인도 등
Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The defendant shall state on the plaintiff the attached list No. 1.

Reasons

1. The Plaintiff is obligated to transfer ownership of each building of this case to the Plaintiff, but asserts that the claim for ownership transfer registration is impossible due to the absence of each building of this case, and sought confirmation of ownership against the Defendant.

However, even a transferee of an unregistered building cannot acquire ownership of the building unless the registration of ownership transfer is completed, and it is difficult to recognize any comprehensive rights or legal status, such as de facto ownership under the current law or rights of use, profit-making and disposal equivalent to ownership.

(1) A lawsuit seeking confirmation is not a final resolution of a dispute, and thus there is no benefit in confirmation (see, e.g., Supreme Court Decisions 2006Da49000, Oct. 27, 2006; 2005Da41153, Jul. 10, 2008; 2005Da41153, Oct. 10, 2008). In addition, even though a lawsuit seeking confirmation is not registered yet, it cannot be concluded that the registration for preservation itself cannot be legally impossible and there is no benefit in the procedure of registration for transfer of ownership solely on the ground that it is difficult to obtain the registration of transfer of ownership when the legal status of the plaintiff is uncertain or dangerous, and that the lawsuit seeking confirmation is not a final resolution of the dispute (see, e.g., Supreme Court Decisions 95Da5622, Dec. 22, 195; 2005Da60239, Mar. 9, 2006).

(See Supreme Court Decision 98Da23393 delivered on September 22, 1998). In light of the above legal principles, the Plaintiff’s claim for confirmation of ownership on the ground that each of the buildings of this case is unregistered cannot be deemed the most effective and appropriate means to remove the Plaintiff’s legal status’s apprehension and risk.

The plaintiff's claim is unlawful because there is no benefit of confirmation.

2. Acknowledgement.

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