(영문) 서울중앙지방법원 2021.03.11 2020가단5014805

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(영문) 서울중앙지방법원 2021.03.11 2020가단5014805

소유권확인

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The plaintiffs' lawsuit of this case is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. 1) On the part of the former owner of the land prior to the division of the instant land, Nonparty F indicated in the column of the former owner of the land, which was the land prior to the division of the Seoyang-gu Seoul Metropolitan City D 122 square meters (hereinafter “instant land”) of Goyang-gu, Seoyang-do (hereinafter “the instant land”). Nonparty F indicated that the ownership was transferred in sequence G and H after the land category was changed to the former owner, in order after the change to the former owner.

2) F, G, and H are written in each owner’s column of the above head of the land territory.

B. The land owner in this case’s land was divided from the land before subdivision on December 7, 1996, and the land owner column was written as KA with the address in Gangdong-gu Seoul Metropolitan Government I Building J, and written as “transfer of ownership on May 13, 1991” in the change cause column.

(c)

K (hereinafter “the Deceased”) died on June 19, 2018, and jointly succeeded to the property of the Plaintiffs, who are wife A and their children, and died on March 2, 2020 during the instant lawsuit, and jointly succeeded to the property of the Plaintiffs.

2. Assertion and determination

A. The gist of the plaintiffs' assertion is that the deceased is registered as the owner who acquired ownership on May 13, 1991 on the land ledger of this case, and the first owner is not registered on the ledger. Thus, the deceased, the heir of the deceased, and the plaintiffs cannot file an application for the registration of preservation of ownership of this case pursuant to Article 65 subparagraph 1 of the Real Estate Registration Act. Thus, since the land of this case is unregistered and the land of this case is not registered on the land ledger, or it is impossible to identify who is the registered owner, the plaintiffs seek confirmation of ownership against the State.

B. 1) The claim for confirmation of land ownership against the State of the relevant legal doctrine is unregistered and the land is not registered in the land ledger or forest ledger, or is identified as the nominal owner.

유사 판례

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