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(영문) 수원지방법원여주지원 2016.04.28 2015가단3268
소유권확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff purchased the land indicated in the Plaintiff’s claim from D, but did not complete the registration of ownership transfer. Of C’s latter part, the Plaintiff filed for the confirmation of ownership of the land against the Defendant in order to complete the registration of ownership transfer and inheritance under the Plaintiff’s name, alleging that the Plaintiff received inheritance of the said land, and subsequently, filed for the confirmation of ownership of the said land in order to complete the registration of ownership transfer and inheritance under the Plaintiff’s name.

A claim for confirmation of the ownership of land 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 when there are special circumstances, such as the State continuously denies the ownership of a third person who is a registered titleholder, and the State continues to assert the ownership.

A registration of preservation of ownership may be applied by a person who proves that he/she or an ancestor is an owner in his/her land cadastre or forest land cadastre by a certified copy of the land cadastre or forest land cadastre (Article 130 subparagraph 1 of the Registration of Real Estate Act), a person who proves his/her ownership by a ruling (Article 130 subparagraph 2 of the Registration of Real Estate Act), a person who acquires ownership by expropriation (Article 13 subparagraph 3 of the same Article). A person who proves that he/she or an ancestor is an owner in his/her own or predecessor’s register by a certified copy of the land cadastre or forest land cadastre shall be the first owner in

Even if the transfer of ownership is registered in the current civil law that takes the form of change in real rights, it cannot be said that the person who has obtained the transfer of ownership on the register can not apply for the preservation registration immediately in his/her future, and the preservation registration should be made in the future as the first owner on the register.

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