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(영문) 수원지방법원 2019.09.24 2018가단520782
소유권부존재확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 13, 1982, the registration of transfer of ownership was completed by 1/2 shares each in the name of the plaintiffs on the ground of sale as of February 1, 1982 as to the real estate listed in the separate sheet 1 as of February 13, 1982.

B. On November 24, 1980, the registration of transfer of ownership was completed in the name of the plaintiff A's Attached Table 2 on the ground of sale as of April 5, 1972, and the registration of transfer of ownership was completed in the name of the plaintiff A's Attached Table 3 on August 15, 1930 on the real estate listed in the Attached List 3 on August 5, 1930.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. The Plaintiffs are seeking a passive confirmation that they have no ownership on each real estate listed in the separate sheet. We examine the legality of the instant suit ex officio.

If there is a dispute over the attribution of ownership, seeking confirmation of the absence of ownership by the other party's passive means without seeking confirmation of ownership actively and without seeking confirmation of ownership. Thus, there is no benefit of confirmation. However, if there is no ownership in the Plaintiff and the defendant's ownership is denied, there is a benefit to seek a passive confirmation of the defendant's ownership if the dispute can be resolved by removing the plaintiff's legal status unstable.

(Supreme Court Decision 83Meu237 delivered on March 27, 1984). In the instant case, the Plaintiffs’ ownership transfer registration for real estate indicated in the health account and the attached list 1 is a co-ownership holder. As to real estate indicated in the attached Tables 2 and 3, the Plaintiff is a co-ownership holder of D, and thus, it does not constitute “where the Plaintiff has no ownership to the Plaintiff, and if the Defendant’s ownership is denied, it would be able to settle the dispute by eliminating the legal status of the Plaintiff.”

Therefore, the lawsuit of this case is brought.

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