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(영문) 창원지방법원마산지원 2016.09.01 2016가단6265
토지소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On December 31, 1964, the Plaintiff asserted that the Plaintiff completed the registration of transfer of ownership based on sale with respect to the area of 304 square meters, which was 304 square meters prior to Changwon-si, Changwon-si B.

However, only the plaintiff's name is written on the entire certificate of the registration of the land, and there is no resident registration number, and there is a change in the address and the resident registration address at the time of the registration, the ownership of the real estate is not freely exercised.

Accordingly, we seek confirmation on the ownership of the Plaintiff’s real estate.

2. Determination

(a) A claim for confirmation of the ownership of land against the State shall be limited to the cases where the land is unregistered and its registrant is unknown in the land cadastre or forest land cadastre, or where the registrant is unknown, and where the State denies the ownership of a third party who is the titleholder of the registration or enrollment, and there are special circumstances, such as the State continuously asserting the ownership, etc.

(See Supreme Court Decision 93Da58738 delivered on December 2, 1994). However, according to the Plaintiff’s assertion, there exists a registry as to the area of 304 square meters per Changsi-si B (hereinafter “instant real estate”), and according to the evidence Nos. 1, 1, 2, and 3, the registry and land cadastre pertaining to the instant real estate entered A as the owner, and the Defendant did not assert that the instant real estate was its own ownership by denying the ownership of the registered titleholder.

Therefore, there is no benefit to seek confirmation of ownership against the defendant.

B. In addition, the plaintiff may raise an objection to the competent district court against the decision or disposition of a registrar who rejects or rejects an application for registration of change (Article 100 of the Registration of Real Estate Act) and an objection to the competent district court.

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