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(영문) 청주지방법원충주지원 2015.07.22 2014가단22829
상속인지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

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 only 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.

(See Supreme Court Decision 95Da14817 delivered on July 25, 1995, and Supreme Court Decision 94Da39123 delivered on May 9, 1995, etc.). However, the instant land is not unregistered real estate, but the name holder on the registry is indicated, and the Defendant does not dispute the instant land as the ownership of the State while denying the ownership of the registered titleholder.

In addition, the plaintiffs can file an application for inheritance registration by proving that they are the successors of the holders of the title on the register, and if they are rejected, they can file an objection through the procedures of objection against the disposition of the registrar.

Therefore, the instant lawsuit is unlawful as there is no benefit of confirmation.

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