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(영문) 대전지방법원 2015.07.30 2015가단2215
토지대장상의 소유자 및 주소기재등
Text

1. Defendant Republic of Korea confirms that the F.M. F. F. 1,388 square meters is owned by Defendant B, C, D, and E.

2. Defendant B, and .

Reasons

1. Whether the lawsuit of this case against the defendant Republic of Korea is legitimate

A. The Defendant Republic of Korea’s assertion that there is no benefit in verification (hereinafter “instant land”) is registered as G on January 20, 1920 in the forest land register with the view to having received the assessment on January 20, 1920. The Defendant Republic of Korea did not assert the State’s ownership while denying the ownership of G, and thus seeking the confirmation of ownership of the instant land against the State is unlawful as there is no benefit in verification.

② Since the Plaintiff’s right to claim for the completion of the extinctive prescription against Defendant B, C, D, and E (hereinafter “Defendant B, etc.”)’s right to claim for the transfer of ownership of the instant land has expired ten years since the ten-year extinctive prescription expired, the instant lawsuit filed by the Plaintiff on behalf of the Defendant B, etc. is unlawful by setting the obligee’

B. (1) In a case where there is a person who has been registered as an owner on the registry or the land cadastre or the forest land cadastre with respect to a certain parcel of land as to the above assertion, an application for registration of preservation of ownership may be filed in a lawsuit against the title holder when the court obtains a final and conclusive judgment confirming that the relevant real estate is owned by the applicant for registration of preservation of ownership. As such, a claim for registration of ownership against the State against the State is unregistered and the land is not unregistered and the identity of the title holder is unknown and there is no other special circumstance such as continuous assertion of state ownership while denying the ownership by a third party as the title holder

(See Supreme Court Decision 93Da58738 delivered on December 02, 194). In addition to the health room and the statement of evidence No. 3-3 as to this case, the land of this case is registered only as “G” in the owner’s column with unregistered real estate and the address of G.

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