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(영문) 청주지방법원 충주지원 2018.05.31 2018가단636
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

Attached Form

On December 28, 1964, the real estate listed in the list No. 1 (hereinafter referred to as “the land No. 1”) was registered under the name of “B” on March 10, 1957, and the real estate listed in the attached list No. 2 (hereinafter referred to as “instant land”) on March 10, 1957, respectively, under the name of “B” on December 28, 1964.

In the register of the land Nos. 1 and 2 of this case, the above registered titleholder’s “B” does not include the resident registration number, and the address is indicated as “Audio Group C”.

【Ground for recognition” without any dispute, Gap evidence 1-1 and 2, and the purport of the entire pleading of this case as to the legitimacy of the litigation of this case, the plaintiff asserted that the registered titleholder of the case 1 and 2 and the plaintiff are the same person, and the plaintiff sought confirmation against the defendant in charge of registration affairs as the owner of the above land.

In this regard, the defendant asserts that the land Nos. 1 and 2 of this case exists and the owner of the land is confirmed accordingly, and that there is no benefit of confirmation since the State does not assert its ownership.

Judgment

Where there is an error or oil in the indication, such as the name or address, of the registered titleholder, in principle, in relation to the existing registration, a new registration is made after correcting the indication of the registration titleholder by registering the correction of the indication of the registered titleholder (Supreme Court Order 2008Ma943 Decided August 28, 2008). An objection may be filed with the competent district court against the decision or disposition of the competent district court which dismisses the application for registration of correction, and an objection may be filed pursuant to the Non-Contentious Case Litigation Procedure Act against the decision of the competent district court on an objection

(Article 105(2) of the Registration of Real Estate Act. Therefore, the Plaintiff’s seek ownership confirmation against the Defendant without going through the aforementioned procedures is the existing legal relationship.

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