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(영문) 대구지방법원포항지원 2020.02.04 2019가단104264
소유권확인
Text

1. B, C, D, E, F, G, H, I, J, K, the Plaintiff and Defendant Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the value of 106 square meters per annum.

Reasons

1. Claim against the Defendants other than Defendant Republic of Korea

(a)the indication of claims: as shown in Appendix 1;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant Republic of Korea

A. In full view of the purport of the entire pleadings in the statement No. 1, it is recognized that “the cause of claim” in the attached Form is recognized.

B. Defendant Republic of Korea asserts that there is no interest in the instant lawsuit (verification).

However, a claim for confirmation of land ownership against the State constitutes a case where there is a benefit of confirmation in the event of special circumstances, such as the state’s assertion of ownership while denying the ownership of a third party who is a titleholder of registration or a title holder of registration in the land cadastre or forest land cadastre, and where part of the entry in the land cadastre is omitted from the entry in the land cadastre’s name (see, e.g., Supreme Court Decision 2018Da24246, May 16, 2019). As seen earlier, as long as the address of the titleholder of registration is omitted on the land cadastre of this case, the benefit of legal action for confirmation against the Defendant Republic of Korea is recognized, since it is recognized as a benefit of legal action for confirmation of this part against the Defendant Republic of Korea, which is a unregistered land’s land cadastre’s land cadastre, is insufficient.

C. According to the above facts of recognition (the grounds of claim), Defendant Republic of Korea has the duty to confirm that the land of this case is owned by the Plaintiff and the Defendant except for the Plaintiff and the Defendant Republic of Korea.

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