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(영문) 창원지방법원 2015.05.14 2015가단70108
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs’ assertion D (hereinafter “instant land”) died on February 16, 2013 while owning each real estate listed in the separate sheet (hereinafter “instant land”). The Plaintiffs are the successors of the network D.

Although D’s address and resident registration number front of the instant land were accurately stated in the process of registering the ownership transfer under D’s name, it was mistakenly registered as E, not “D” in the register and land cadastre due to mistake in the process of entering Chinese name.

Therefore, the plaintiffs, who are the inheritors of D, seek confirmation of ownership of the land of this case against the defendant.

2. A claim for confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and its registrant is unknown on the land cadastre or forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where special circumstances exist, such as continuing to assert the ownership of the State.

(See Supreme Court Decision 95Da14817 delivered on July 25, 1995. Regarding the instant land, even if the Plaintiff’s assertion is based on the Plaintiff’s assertion, the owner’s name and date of birth are indicated as “E” or “E”. Since the owner’s address and date of birth are indicated as the same as that of “E” or “E”, it does not constitute a case where the registration titleholder is nonexistent or the registration titleholder is unknown. As such, it does not constitute a case where the Defendant denies the ownership of the registration titleholder and continues to claim state ownership, it is difficult to view that the Plaintiffs have the benefit of seeking confirmation of land ownership against the State.

Furthermore, even if the plaintiffs alleged in itself, the deceased D acquired the instant land, but the fact that it would be recorded as “D” due to mistake in the registration process at the time of the acquisition is erroneous.

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