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(영문) 서울서부지방법원 2017.11.24 2016가단259755
소유권확인등 청구의 소
Text

1. The plaintiff's lawsuit of this case against the defendant Republic of Korea is dismissed.

2. The plaintiff excluding the defendant Republic of Korea.

Reasons

1. Basic facts

A. On the instant land in 1970, the Plaintiff newly built a house of 37.45 square meters in the name of the Plaintiff, but re-built after removal on 1985.

B. H died on October 1980, and the Plaintiff completed the move-in report on December 29, 1989 when the Plaintiff solely inherited the property.

C. The instant housing was destroyed by fire on November 30, 2012.

The land in this case is unregistered land and its owner is written as I, but it appears to be a clerical error in the J, and Defendant B, C, D, E, and F are the successors of J.

[Grounds for recognition] Evidence Nos. 1 through 9, the purport of the whole pleadings

2. Whether a lawsuit against Defendant Republic of Korea is lawful or not is the land unregistered, and the Plaintiff asserts that Defendant B, C, D, E, and F, the heir of the deceased J, sought confirmation of ownership and ownership and that Defendant Republic of Korea should seek confirmation against the nominal owner on the land cadastre.

Where any person has been registered as an owner in the register or the land cadastre or the forest land cadastre, if he/she obtains a final and conclusive judgment that the relevant real estate is owned by the applicant for registration of preservation in a lawsuit against the nominal owner, the application for registration of preservation of ownership may be filed against the State. As such, a request for confirmation of ownership against the State is unregistered, and the land is no registered, and it is impossible to identify the registrant or the registrant on the land ledger or the forest land cadastre, or there is a benefit in confirmation only in special circumstances, such as continuous assertion of state ownership by the State while denying the ownership

I would like to say.

(See Supreme Court Decision 93Da57704 delivered on March 11, 1994) In light of the above legal principles, the lawsuit against the defendant Republic of Korea is unlawful as there is no benefit of confirmation.

3. The Plaintiff’s claim against Defendant B, C, D, E, and F is the deceased.

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