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(영문) 전주지방법원 남원지원 2018.05.09 2017가단1845
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

As a lawsuit in this case, the plaintiff's resident registration number and address were erroneously stated in the above three persons' resident registration number and address when applying for the registration of ownership transfer for each of the real estate stated in the claim of the plaintiff, D, and E on May 9, 1985. As a result, the plaintiff's error in the resident registration number and address in the part A among the registration of ownership transfer completed according to the above application, which affected the plaintiff's exercise of ownership concerning 1/3 of the above real estate. The plaintiff's claim against the defendant for confirmation of whether 1/3 of the above real estate belongs to

However, 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 where the State denies the ownership of a third party who is the registered titleholder, and the State continues to assert the ownership.

(see, e.g., Supreme Court Decision 2009Da48633, Oct. 15, 2009). Examining the instant case, the fact that the Defendant did not assert that each of the said real estate was owned by the State is apparent in the record, and according to the evidence No. 1 (including the serial number; hereinafter the same shall apply), each of the said real estate is not unregistered land.

Ultimately, the Plaintiff’s claim for confirmation of land ownership against the State does not have interest in confirmation.

According to the statement No. 1, the resident registration number of the title A among the above registration of ownership transfer is F, and the address is recognized as E at the time the registration of ownership transfer is completed.

However, if the “A” among the nominal owners of each ownership transfer registration as above can be seen as the Plaintiff, the owner of the 1/3 share out of each of the above real estate is already the Plaintiff, and only the matter of correcting the registration erroneously indicated is the Plaintiff.

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