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(영문) 의정부지방법원고양지원 2020.06.24 2020가단2505
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. On December 19, 1953, with respect to the instant land, the registration of ownership transfer was completed for the purpose of registration (i.e., “transfer due to recovery”, and (ii) purchase and sale on September 8, 1940 for the purpose of registration (i.e., “sale due to recovery”) and the fact that the instant land continues to exist until now can be recognized by the statement in evidence A No. 1.

2. The assertion and judgment

A. The Plaintiff’s assertion is not only registered as the owner in the copy of the register of the instant land by the Plaintiff, etc., but also registered as the owner in the same way as the land cadastre. Since the Plaintiff and the designated parties jointly inherit the networkF’s property and jointly pay the property tax on the instant land, the Plaintiff and the designated parties seek confirmation as the owner of the instant land.

In regard to this, the Defendant asserted that the Plaintiff’s claim for confirmation of ownership of this case is unlawful as there is no benefit of confirmation, and that the Plaintiff’s claim for confirmation of ownership is unlawful, and that F and the Plaintiff’s preference cannot be deemed as the same person.

B. Where a claim for confirmation of land ownership against the country of determination on the main defense of safety is unregistered and the land is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, if the presumption of right is not recognized in the entry on the landowner’s land cadastre or the forest land cadastre for unregistered land or the forest land cadastre, or if there are special circumstances, such as the State continuously denying the ownership of a third party that is registered or registered, there is benefit in confirmation.

On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of the registered titleholder stated in the register, the correction is made without changing the identity of the person entered in the registration titleholder.

Therefore, the registration of the land has been made.

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