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(영문) 대전지방법원공주지원 2020.07.23 2020가단598
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Attached Form

Each land indicated in the list (hereinafter referred to as “instant land”) is unregistered and written in the land cadastre of each of the above lands that was written by the Plaintiff’s decedent B on February 25, 1913 and August 25, 2013. However, the land cadastre did not indicate the address of the owner on the land cadastre, and the fact that the public market was registered as “C” on February 10, 2020 due to the Plaintiff’s application for registration of address address registration, is recognized by each entry in the evidence Nos. 1 through 6 (including each number, if any,).

The claim for confirmation of land ownership against the State is unregistered, and there is a benefit of confirmation when there are special circumstances, such as denying ownership by a third party who is a registered titleholder (see, e.g., Supreme Court Decision 94Da27649, Sept. 15, 1995). In the land cadastre of this case, D is written as an assessment titleholder, and it is confirmed that the above D’s address is the same person registered as C at the time when the Plaintiff’s permanent domicile is the Plaintiff’s decedent B, and the land of this case is not known. The land of this case does not fall under the case where the Defendant denies the ownership of D, whose registered titleholder is the above land cadastre or forest land cadastre, and it is difficult to identify who is the registered titleholder, or who is the registered titleholder, and there is no other special circumstance, such as denying the ownership of the third party who is the Plaintiff’s decedent B and the situation, and thus, the Plaintiff’s appeal against the above disposition of this case cannot be claimed as remedy against the Plaintiff.

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