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(영문) 제주지방법원 2018.09.18 2017가단2747
소유권확인등
Text

1. The plaintiff's action against the defendant is dismissed.

2. Defendant B shall be not less than 152 square meters of a cemetery in Jeju-si.

Reasons

1. On July 14, 2016, the Plaintiff purchased the instant real estate from Defendant B on the determination of the claim against Defendant B.

The defendant B is deemed to have led to confession under Article 150 of the Civil Procedure Act.

Therefore, Defendant B is obligated to implement the registration procedure for transfer of ownership on July 14, 2016 with respect to the instant real estate to the Plaintiff.

2. Determination on the claim against Defendant Republic of Korea

A. The Plaintiff’s assertion that the instant real estate was based on Defendant B’s evidence D, and Defendant B succeeded to the ownership of the instant real estate in accordance with Article 1008-3 of the Civil Act, due to Defendant B’s disappearance of the network D, and the death of the South-North Sea Party E, etc.

Defendant B filed an application for registration of his address because the address of the network D was not registered on the land cadastre, but the registration of his address was rejected on the ground that the adjudication of disappearance was not made on the land cadastre.

Accordingly, the Plaintiff seeks to confirm that the ownership of the instant real estate in subrogation of Defendant B is against Defendant B.

B. The defendant Republic of Korea asserts that "this part of the plaintiff's lawsuit does not have interest in confirmation." The defendant Republic of Korea's claim for confirmation of land ownership against the State is not the land but the land is unregistered, and it is impossible to identify who is the registrant or the registrant on the land cadastre or the forestry register, and there is benefit in confirmation only in the case of special circumstances, such as the state's refusal of ownership by a third party who is the titleholder of the registration

(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, etc.). According to the overall purport of Gap's statements and arguments as to Gap's evidence Nos. 4, 5, 8, and 11 (including the evidence number), G, which is written as an assessment titleholder of the real estate of this case as in the land cadastre, is the evidence of defendant B.

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