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(영문) 대전지방법원 2015.11.12 2014가단49231
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On May 1, 1955, the land in this case was registered as the owner on the land cadastre on the ground of cadastral restoration, and the land cadastre does not contain C’s address or date of birth.

[Ground of recognition] Evidence No. 2, Evidence No. 2, Evidence No. 2 (including additional number), and the purport of the whole pleading

2. The plaintiff's assertion

A. Since the Plaintiff occupied the instant land in a peaceful manner with its intention to own it for at least 20 years, the Plaintiff is obligated to implement the procedure for ownership transfer registration on the instant land by prescription to the Plaintiff.

B. Since C, the owner of the instant land cadastre, appears to have died at present, C’s heir is obligated to implement the procedure for ownership transfer registration of the instant land to the Plaintiff who acquired the instant land by prescription.

C. In order to preserve C’s right to claim for the transfer registration of ownership against C’s inheritors, the Plaintiff seeks confirmation of C’s right to claim for the transfer registration of ownership on behalf of C’s inheritors.

3. Determination

A. We examine ex officio the lawfulness of the instant lawsuit.

B. The Plaintiff does not present at all materials to identify the identity of C, especially C’s heir, who sought confirmation as to whether C’s heir was deceased while seeking confirmation as to whether C’s heir was the deceased. The Plaintiff’s personal information about C’s heir, who was transferred from the purport of the claim to the owner of ownership, belongs to the non-specific and non-specific contents of the claim itself, and thus, the Plaintiff’s claim is unlawful as it does not specify the purport of the claim.

4. It is so decided as per Disposition by the assent of all participating Justices who reviewed the plaintiff's claim as unlawful.

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