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(영문) 수원지방법원 안산지원 2018.12.19 2018가단14557
토지소유권 확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The registration of ownership transfer has been completed in the name of C and A (D in each city where the address is known) with respect to forest Nos. 1,884 square meters (hereinafter “the instant land”) in Yandong-gu, Sinsan-si, Sinsan-si.

【Evidence of Evidence No. 3】

2. The parties' assertion

A. On January 21, 1971, the Plaintiff and C purchased 1/2 shares of the instant land, and upon applying for the registration of ownership transfer on January 21, 1971, the Plaintiff and C transferred the Plaintiff’s address to D, which is not E, rather than E, the address at that time.

One of the registered titleholders of the land of this case is the same person as the plaintiff, and thus, one-half of the shares in the land of this case against the defendant is seeking confirmation as to whether the plaintiff owns the land of this case.

B. The defendant's lawsuit of this case is unlawful as there is no interest in confirmation, and only the evidence submitted by the plaintiff cannot be recognized as the same person as the plaintiff and the registered titleholder.

3. Judgment on the defendant's main defense

A. If a claim for confirmation of land ownership against the State of the relevant legal doctrine is unregistered and the land is no registered titleholder in the land cadastre or forest land cadastre or forest land cadastre is unknown, if the presumption of right is not recognized in the entry of the owner of the land cadastre or forest land cadastre for unregistered land or forest land cadastre, or if there are special circumstances, such as the State continuously asserting ownership while denying the ownership of a third party registered or recorded, there is benefit in confirmation.

On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of the registered titleholder stated in the register, it means correcting the identity of the person entered in the register without changing the identity of the person entered in the register.

Therefore, in case where a registration is made on land, if the identity of character is recognized even if the entry of the holder in the register does not coincide with the actual, it is possible to register the change of indication of the holder, and the State.

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