(영문) 창원지방법원 2015.12.17 2015나34905

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.12.17 2015나34905

소유권확인

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination ex officio as to the legitimacy of the instant lawsuit

A. The Plaintiff asserted that D was in the old land cadastre on July 1, 1913, and filed the instant lawsuit seeking confirmation of ownership against the Defendant, alleging that the instant land was owned by the network D (D, 1894 birth), an extension of the Plaintiff’s address in Hanam-gun C, Hanam-gun, and that the instant land was owned by the Plaintiff, who had an address in Hanam-gun C.

In regard to this, the Defendant: (a) registered titleholder on the land cadastre; and (b) registered the address on the land cadastre along with a document certifying that the Plaintiff is the ownership of the network D; and (c) registered the preservation of ownership; and (d) registered the address in Haan-gun E, which is the seat of the instant land, there is 1890 and 1894, the Plaintiff’s increased portion; (b) claimed that D, who is the name of the former land subject to the assessment, is the same as the Plaintiff’s increased portion.

B. 1) In principle, seeking confirmation of invalidation of a previous legal relationship does not have any benefit in confirmation. However, even in a previous legal relationship, it may be deemed that the current right or legal status has been affected, and that obtaining a judgment on confirmation of the said legal relationship is an effective and appropriate means to eliminate risks or apprehensions in the present right or legal status, and such legal relationship has a benefit in confirmation immediately (see, e.g., Supreme Court Decision 2014Da234322, Jun. 24, 2015).

The Plaintiff sought confirmation of the ownership of the instant land by asserting that: (a) the mother of the network D with respect to the ownership of the instant land from the network D, F, F, and G, the wife of the network D, and that (b) the deceased, the father of the Plaintiff, was succeeded to by the deceased H; (c) the Plaintiff sought confirmation of the ownership of the instant land in the instant case where the deceased, the father of the Plaintiff, was recognized.

참조판례

-대법원 2015. 6. 24. 선고 2014다234322 판결

유사 판례

-창원지방법원마산지원 2015.09.04 2015가단102470

-대전지방법원천안지원 2020.05.20 2019가단110458

-울산지방법원 2016.01.15 2015가단22266

-제주지방법원 2018.09.18 2017가단2747

-수원지방법원 평택지원 2017.01.25 2016가단1323