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(영문) 대전지방법원공주지원 2020.12.24 2020가단22352
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The forest of this case is unregistered land and indicated that E, who has an address in the “Asan-gun D” on September 5, 1910 in the forest land register for the forest of this case, was indicated as having been subject to the circumstances on September 5, 1910. However, the land number of the owner on the forest land register was not indicated, and the official housing market was registered as “Asan-gun F on May 25, 2020 upon the Plaintiff’s application for the registration of address registration; the Plaintiff’s assistance division was a network C with the main purpose of “Asan-siF on May 23, 2020; the Deceased died on November 23, 1955; the Plaintiff agreed on the division of inherited property solely inherited by the deceased’s inherited property; or the fact that the Plaintiff agreed on the division of inherited property without dispute between the parties or by each entry in Gap evidence Nos. 1 through 5 (including each number, if any).

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation in special circumstances, such as the State continuously denies the ownership of a third party who is a registered titleholder, and the State continues to assert ownership.

(2) The forest land of this case is registered as “Asan-gun F,” the domicile of the Plaintiff’s decedent, and the forest land of this case is registered as “Asan-gun F,” the domicile of which is the same as that of “Asan-gun,” and the forest of this case does not constitute a case where the identity of the registrant is unknown, and the Defendant does not assert the State’s ownership while denying the ownership of E, which is registered as the title holder on the above forest land register. Thus, if the registration officer refuses to file an application for registration of preservation of ownership on the ground that E is not the same person, which is the Plaintiff’s decedent and the title holder, the registration officer, refuses to file an objection against the above disposition pursuant to Article 100 of the Registration of Real Estate Act.

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