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(영문) 인천지방법원 2015.08.12 2014가단74963
토지소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the main defense of this case

A. The lawsuit of this case is unlawful, since the defendant alleged by the defendant does not claim ownership of the real estate of this case.

B. In a case where there is a person who has been registered as an owner in the registry, the land cadastre, or the forest land cadastre, or the forest land cadastre with respect to a certain land to be determined, and in a case where there is a final and conclusive judgment against the nominal owner that the relevant real estate is owned by the applicant for registration of preservation, the application for registration of preservation of ownership may be filed. As such, in principle, there is a benefit in the request for confirmation of ownership against the nominal owner. However, in a case where there

(See Supreme Court Decision 2010Da21757 Decided July 8, 2010 (see, e.g., Supreme Court Decision 2010Da21757, Jul. 8, 2010). According to the health records and evidence No. 6, if the Defendant’s ownership was restored without any legal basis before the enforcement of the Cadastral Act amended by Act No. 2801, Dec. 31, 1975 with respect to the Plaintiff’s application for registration of ownership

'It is acknowledged that the plaintiff's application for registration of ownership preservation was dismissed on the ground that the plaintiff's application for registration of ownership preservation was rejected, and since the defendant rejected the plaintiff's application for registration of ownership preservation and contests its title, the plaintiff's claim for registration of ownership confirmation against the defendant who is the state, and the plaintiff's claim for registration of ownership confirmation against the defendant can be claimed for confirmation.

As such, the defendant's above assertion is without merit.

2. Judgment on the merits

A. The Plaintiff’s assertion that the instant real estate was based on the Plaintiff’s father C, who was owned by the deceased as well as the deceased’s father C, due to the death of the deceased C.

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