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(영문) 광주지방법원 2018.02.23 2017가단507378
소유권이전등기
Text

1. Of the instant lawsuit, the Defendant’s suit against the Republic of Korea is dismissed.

2. The Plaintiff is one of the 440m20m2 in Gwangju Northern-gu, Seoul, and one.

Reasons

1. The Plaintiff, as to the legitimacy of the lawsuit against Defendant Republic of Korea, sought confirmation from Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) from Defendant Republic of Korea as the heir of G, the real estate owner of the instant real estate, who is the title of the circumstances of the said real estate.

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 special circumstances, such as where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). Comprehensively taking account of the following: (a) evidence Nos. 6-1, 2, and 7; (b) evidence Nos. 8-1; and (c) the fact-finding results and the whole arguments with respect to the North-gu in Gwangju Metropolitan City, the real estate of this case was assessed on April 21, 1915; (d) a person who was or was living in Gwangju-gu, the seat of the real estate of this case, was located in Gwangju-gu, the seat of the real estate of this case; and (e) a person who was or was living in Gwangju-gu, the domicile of which was G around 1915, has no more than 1) G with the main body of

If so, G on the land cadastre, Defendant B, etc. appears to be the same person, there is no evidence to prove that there is an additional existence of G’s heir other than Defendant B, etc., and in this case, the Plaintiff did not have a benefit to seek confirmation of the ownership of Defendant B, etc. against the Republic of Korea. Thus, the lawsuit against the Defendant Republic of Korea is unlawful.

2. Determination as to the claim against the defendant B, etc.

(a) Indication of claims: It shall be as shown in the changed cause of claims; and

(b) Applicable legal provisions: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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