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(영문) 창원지방법원 2015.04.21 2014가단23327
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff asserts that the plaintiff's assertion that only B's name is written in the owner's column for land cadastre of each of the instant land unregistered, and that as the address is not written, the plaintiff's claim that B and the plaintiff's protocol B are the same and the plaintiff's protocol B are disputed. Thus, the plaintiff who succeeded to the above B in succession is claiming ownership confirmation against the defendant in order to preserve ownership of each of the above land.

2. The Defendant’s claim for confirmation of the ownership of the land against the country which judged the Defendant’s main defense shall be limited to the cases where the land is unregistered and its registrant is unknown or is unknown on the land cadastre or the forest land cadastre, and where the State denies the ownership of a third party who is the titleholder of the registration or the registration, and where there are special circumstances, such as the State

(See Supreme Court Decision 2009Da48633 Decided October 15, 2009, etc.). In the instant case, there is no dispute between the parties that each land of this case is unregistered, but in full view of the purport of the entire pleadings as to the entries in the evidence Nos. 1 and 2 (including the virtual number), the “B” who resides in the original land cadastre “C” is a registered titleholder, and the registration titleholder was corrected as “B” who resides in the “D” on January 31, 2006 at the request of the Plaintiff. According to the above facts of recognition, the land of this case can be confirmed as the registration titleholder by its land cadastre and the Defendant did not assert his own ownership. Thus, it is difficult to deem that there is a benefit to seek confirmation against the Defendant.

The plaintiff asserts to the purport that there is a benefit to seek confirmation against the defendant as a registrar is rejected even after filing an application for registration of preservation of ownership based on the corrected land cadastre of each case. However, in the case of this case, the title holder of registration is confirmed as the land cadastre of this case.

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