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(영문) 부산지방법원 2015.06.04 2014가단79361
소유권확인
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

The plaintiff seeks to confirm the ownership of the building A, 301, Busan-gu, Busan-gu, Busan-do (hereinafter referred to as "the loan of this case").

Unless the registration of ownership transfer has been completed, the ownership of real estate cannot be acquired, and it is difficult to recognize any comprehensive right or legal status, such as de facto ownership or the right to use, profit and dispose equivalent to the ownership.

A lawsuit for confirmation is recognized when the plaintiff's legal status is unstable and dangerous, and it is recognized that it is the most effective and appropriate means to eliminate such apprehension and danger when it comes to the plaintiff's legal status. Even though it is possible to bring a lawsuit for confirmation to claim performance, it is not a final solution of a dispute, and therefore there is no benefit of confirmation.

The plaintiff did not acquire the ownership of the loan of this case, and even according to the assertion, the defendant prepared a written contract and completed the registration of ownership transfer without permission. Therefore, there is no benefit to confirm the lawsuit of this case in addition to seeking the cancellation registration procedure against the defendant on behalf of the seller and seeking again the implementation of the procedure for ownership transfer registration procedure against the seller.

Therefore, the plaintiff's claim is dismissed, and it is so decided as per Disposition.

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