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(영문) 광주지방법원 2020.04.10 2019나59775
소유권확인 등
Text

1. All appeals filed by the plaintiffs (appointed parties) and the designated parties are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. Basic facts

A. C on June 18, 1985, completed the registration of transfer of ownership with respect to D-do, Youngnam-do, Gwangju-gun, 495 square meters.

B. The above A.

Attached Form adjacent to the land described in the subsection;

1. The land indicated in this case (hereinafter “instant land”) is unregistered land, and is indicated as the restoration to the owner under Defendant B’s name on December 10, 1958 in the forest land register, but the address, resident registration number, etc. are not indicated.

C. C around 1973, construction of housing on the ground of the instant land and had lived in the said housing until April 15, 2001, and thereafter, E, the wife of the net C, died on June 20, 201.

The instant lawsuit filed a lawsuit against E and the Plaintiffs, the deceased C’s heir, and following the death of E during the process of the lawsuit, the Plaintiffs, the heir of E, taken over the lawsuit.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 2, and the purport of the whole pleadings

2. Determination on the claim against Defendant Republic of Korea

A. The Defendant’s Republic of Korea asserts that this case’s land is indicated as Defendant B by its owner on the lease ledger, and that the Defendant Republic of Korea does not dispute the owner of the above land, thus there is no benefit to seek confirmation of ownership against the Defendant Republic of Korea.

The claim for the confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is not known on the land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where there are special circumstances, such as the State continuously asserting the ownership, there is a benefit of confirmation.

(See Supreme Court Decision 2009Da48633, Oct. 15, 2009). According to Article 87 Subparag. 4 of the Act on the Establishment, Management, etc. of Spatial Data, a creditor may subrogate a request to be made by a landowner, who is a debtor, in order to preserve his/her claim.

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