logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.02.12 2015가단81603
소유권확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 19, 1949 with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), the registration of transfer of ownership, the registration of which is the grounds for registration, was completed on April 20, 1947 in the name of “W,” the Changwon-gun V at the domicile of the Changwon-gun on February 19, 194

B. Plaintiff A’s children, and the remaining Plaintiffs are the aforementioned W’s grandchildren and descendants on November 29, 1979, upon which the death report was filed on November 29, 1979, and the Plaintiffs are the successors of the above W’s successors according to the inheritance shares listed in the attached Table 2.

C. On July 7, 2015, Plaintiff A filed an application for ownership transfer registration on the instant real estate due to inheritance due to a consultation division on November 29, 1979 with respect to the instant real estate with the person liable for registration under Article 67055 of the Changwon District Court’s receipt of the Changwon District Court as “W”, but the above court registry officer rejected the said application on the ground that it is difficult to deem the title holder and the decedent W as the same person on July 20, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 5 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. Where a person can file a claim for the correction of registration by the method of filing an objection against the disposition of an agency, including the defendant's assertion, it cannot be filed by means of civil procedure, etc., and the lawsuit of this case is to seek the simple factual verification between "W", the holder of the title on the registry and WW of the plaintiffs, and W of the deceased, the same person. The claim for confirmation of ownership against the State is land unregistered, the identity of the land is not unregistered, the identity of the titleholder is unknown, or the State is not aware, and there is a benefit of confirmation in special circumstances, such as denying the ownership of a third party, the title holder on the registry

(b) One real estate registration act shall be applied for registration of change or correction of indication as the titleholder of the relevant right by himself/herself, and shall be applied for by the titleholder of the relevant right;

arrow