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(영문) 청주지방법원충주지원 2016.11.23 2016가단22410
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 22, 1946, K transferred its ownership, and the address of K is as “L” and resident registration number is as “M”, in the old land cadastre of the 793m2 (hereinafter “instant real estate”).

B. The deceased K (hereinafter “the deceased”) died on July 20, 1997, and N, the deceased’s wife, died on February 7, 1988. The deceased’s children were Plaintiff A, B, C, D, E, and networkO.

The NetworkO died on January 21, 2006, and its wife is Plaintiff F, H, and I. The wife is Plaintiff G, H, and I.

The inheritance shares of co-inheritors due to the death of the deceased are as shown in the attached Table.

C. At present, the instant real estate is unregistered.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The defendant's defense of this case is a defense that there is no benefit to confirm the plaintiffs' lawsuit of this case.

The claim for the confirmation of land ownership against the State shall be limited to the cases where the land is unregistered and the registrant is not known on the land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where there are special circumstances, such as the State's continued to assert the ownership.

(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, etc.). However, according to Gap evidence No. 1, the old land cadastre of the instant real estate is indicated as transfer of ownership from "K" on May 22, 1946, and it does not constitute a case where there is no registered titleholder on the land cadastre or where the identity of the registered titleholder is unknown.

In addition, the Defendant does not dispute the ownership of the “K” registered as the owner on the registry.

Therefore, the plaintiffs are not entitled to seek confirmation of ownership against the defendant, and the defendant's defense is the same.

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