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(영문) 서울중앙지방법원 2016.09.02 2016가단5066526
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. After the Plaintiff’s assertion, Gohap-gun B forest No. 1289 square meters (hereinafter “the instant land”) was examined, the Plaintiff inherited the land owned by the deceased, who was the part of the Plaintiff’s increase and registered for preservation of ownership. The Plaintiff solely succeeded to the ownership of the land owned by the deceased, which was registered for preservation of ownership. The Changwon District Court under the Defendant-gun District Court’s jurisdiction dismissed the Plaintiff’s application for registration of inheritance on the ground that the address of the deceased (Tcheon-gun D) on the register of the instant land does not coincide with the address on the register of the Plaintiff on the register of the instant land (Tcheon-gun, Gohap-gun). As such, the Plaintiff’s claim against the Defendant

2. In a lawsuit for confirmation of ex officio determination as to the legitimacy of the lawsuit, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is the most effective and appropriate means to determine by the confirmation judgment in order to eliminate the risk of uncertainty when the legal status of the plaintiff is

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in extenuating circumstances, such as denying the ownership of a third party who is the registered titleholder and asserting that the State is the ownership of the State.

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, Supreme Court Decision 94Da39123 Decided May 9, 1995, etc.). If the address of a registered titleholder on the registry is different from that on the registry or on the registry of title when a successor files an application for the registration of ownership transfer due to inheritance, he/she shall submit a document proving that he/she is the same person, etc. with materials proving that he/she is a registered titleholder on the registry. If a registration of ownership transfer due to inheritance is not issued, he/she shall verify that he/she is the same person.

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