(영문) 의정부지방법원 2015.10.16 2015나50041

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(영문) 의정부지방법원 2015.10.16 2015나50041

소유권말소등기

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1. The part of the request for the confirmation of ownership alteration in exchange at the trial shall be dismissed;

2. Judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. On January 6, 1919, the Plaintiff: (a) was a clan that made E 9 years of age F as its member; (b) was under the circumstances in the name of the Plaintiff’s family members J, and three (c) members of the family.

B. On April 3, 1996, the Defendant made a registration of preservation of ownership as to K (the change to L due to the change of the name of the administrative district) B, ditch B, 496 square meters (hereinafter “instant land”).

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 5, and 7 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Request for the confirmation of ownership;

A. The Plaintiff’s assertion is identical to the land assessed by the Plaintiff, and the Defendant denies the Plaintiff’s ownership by asserting that the land in this case is its own ownership. As such, the Plaintiff sought confirmation against the Defendant that the land in this case was owned by the Plaintiff for the purpose of completing registration of preservation of ownership in the name of the Plaintiff.

B. In a lawsuit seeking confirmation as to whether a lawsuit is lawful, there must be the benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to the lawsuit, and thereby, the receipt of a judgment of confirmation is the most effective and appropriate means to eliminate the risk of apprehensions when there is apprehensions in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2009Da9329, Feb. 25, 2010). In addition, Article 65 subparag. 2 of the Registration of Real Estate Act provides that a person who proves his/her ownership by a final and conclusive judgment may file an application for registration of preservation of ownership of unregistered land. Here, “a final and conclusive judgment” is sufficient if the content thereof is a final and conclusive judgment proving that he/she has ownership, and there is no

참조조문

-부동산등기법 제65조 제2호

참조판례

-대법원 2010. 2. 25. 선고 2009다93299 판결

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