(영문) 서울서부지방법원 2017.08.22 2017가단209306

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(영문) 서울서부지방법원 2017.08.22 2017가단209306

소유권확인

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1. It shall be confirmed that the real estate stated in the separate sheet is owned by the plaintiff;

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. The Plaintiff, as the purchaser of each unregistered building listed in the separate sheet on the land B and C (hereinafter referred to as “each building of this case”) on the ground of Yongsan-gu Seoul Metropolitan Government and C (in sequence 1, 2) (hereinafter referred to as “each building of this case”), acquired the ownership by the completion of the prescription for acquisition of possession by occupying each building of this case with the intention of ownership for at least 20 years.

The plaintiff completed the registration of preservation of unregistered buildings, but the owner cannot be confirmed because there is no indication other than the owner's name on the building ledger. Therefore, the building of this case against the defendant for the application for preservation registration is owned by the plaintiff.

B. As to this, the Defendant entered the building ledger of this case in the building ledger, it should request the relevant owner to verify ownership. Since the Defendant does not dispute the Plaintiff’s ownership, the Plaintiff’s lawsuit of this case is unlawful as it has no interest in confirmation.

2. The judgment of this Court

A. In a case where, as a final and conclusive judgment 1 on this safety defense, a person intends to complete registration of preservation of ownership of a unregistered building on which a building ledger was prepared by proving his/her ownership as a final and conclusive judgment, (1) if the owner is specified on the building ledger, the person registered as the first owner on the building ledger or his/her heir on the building ledger, and (2) if an error in the indication of the owner on the building ledger makes it impossible to identify the owner, the specific owner shall be the other party to the judgment after correcting the indication of the owner on the building ledger, and (3) if the indication column of the owner on the building ledger is vacant or it is impossible to determine the owner on the register due to some omission in the indication of the owner, the head of Si/Gun/Gu shall obtain a final and conclusive judgment as the other

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