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(영문) 대구지방법원안동지원 2016.05.18 2016가단424
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 6, 1956, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and acquired ownership therein.

Recently, the Plaintiff intended to sell each real estate of this case, but did not exercise ownership, such as selling each real estate of this case, due to the difference between the address on the registry of each real estate of this case and the Plaintiff’s domicile on October 20, 1968.

Accordingly, each real estate of this case seeks confirmation of ownership by the plaintiff.

2. Determination

(a) A claim for confirmation of the ownership of land against the State shall be limited to the cases where the land is unregistered and its registrant is unknown in the land cadastre or forest land cadastre, or where the registrant is unknown, and where the State denies the ownership of a third party who is the titleholder of the registration or enrollment, and there are special circumstances, such as the State continuously asserting the ownership, etc.

(See Supreme Court Decision 93Da58738 delivered on December 2, 1994). However, according to the Plaintiff’s assertion, there exists a register on the instant land by itself, and according to the respective descriptions of the evidence Nos. 5 and 6, the register and the land cadastre Nos. 1 and 2, the land of this case entered A, who is an owner, and the Defendant did not claim that the instant land is its own ownership while denying the ownership of the person who registered or registered the same.

Therefore, there is no benefit to seek confirmation of ownership against the defendant.

B. In addition, the plaintiff may raise an objection to the district court having jurisdiction over the decision or disposition of a registrar who rejects or dismisses an application for registration of change (Article 100 of the Registration of Real Estate Act) and the decision of the competent district court on an objection made by the competent district court pursuant to the Non-Contentious Case Litigation Procedure Act.

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