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(영문) 울산지방법원 2016.05.27 2016가단3064
토지소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion B, Ulsan-gun, Ulsan-gun, B, 225 square meters (hereinafter “instant land”) was owned by the network C.

After the deceased C died on October 30, 2015, the heir agreed on the division of inherited property and the Plaintiff inherited the instant land solely.

However, on March 27, 1970, the deceased C obtained the ownership transfer on the land of this case and registered the address as U.S. D, a non-permanent address or non-permanent address.

On January 15, 2016, the Plaintiff filed an application for the registration of ownership transfer with the Ulsan District Court on January 15, 2016, and the public official in charge decided to dismiss the application on the ground that the address and the actual address are different.

Therefore, the Plaintiff seeks confirmation of the Plaintiff’s ownership of the instant land against the Defendant.

2. Determination on the defense prior to the merits

A. In a case where it is possible to seek a correction of registration by means of an objection against the disposition taken by the agency, including the gist of the defendant's assertion, the correction cannot be sought by means of civil procedure

In addition, the lawsuit of this case is seeking confirmation of the simple factual relations between C and C, the title holder on the register, and C, the deceased.

In addition, a claim for confirmation of ownership against the State is unregistered, and there is no person registered in the registry, or it is impossible to identify who is the person registered in the registry, or if there are special circumstances such as denying the ownership of a third party who is the person registered in the registry and claiming ownership, there is benefit of confirmation.

Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

B. (1) Determination (1) The Registration of Real Estate Act provides that “The registration of change or revision of indication as the titleholder of the relevant right shall be made solely by the titleholder of the relevant right, a person who is dissatisfied with a decision or disposition by a registrar may file an objection with the competent district court, and a complaint may be filed against the competent district court pursuant to the Non-Contentious Case Litigation Procedure Act.”

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