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(영문) 대전지방법원 2015.06.10 2014가단40579
토지소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Seo-gu Daejeon District Court Decision 200 square meters (hereinafter “instant land”) was unregistered land and thus, the cadastral record was destroyed on May 1, 1955, and the cadastral record was destroyed by the war of 625.

B. C died on August 20, 1987 and died and jointly succeeded to the property by the Plaintiff, E, F, G, H, I, and J, who is his wife, and D died on August 18, 2009.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3 through 9, and the purport of whole pleading

2. The plaintiff's assertion and judgment

A. The alleged land is the C-owned land that was pointed out by the owner C while restoring the destroyed cadastral record, and seek a judgment against the Defendant that the instant land is owned by C.

B. However, in a lawsuit for confirmation, the subject of confirmation is the current rights or legal relations. Therefore, barring any special circumstance, verification of past rights or legal relations is not recognized.

In this case where the Plaintiff was dead, C’s ownership is merely a previous right or legal relationship (the ownership of C’s co-inheritors’s statutory inheritance shares, or the Plaintiff’s sole inheritance of the instant land as the Plaintiff’s assertion, the Plaintiff may seek confirmation of ownership, i.e., current rights or legal relations. The Plaintiff did not modify the purport of the claim despite the repeated statement made by this court), and the instant lawsuit seeking confirmation of C’s ownership is unlawful as there is no benefit of confirmation.

3. In conclusion, the instant lawsuit is unlawful and dismissed, and it is so decided as per Disposition.

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