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(영문) 창원지방법원 거창지원 2021.01.26 2020가단1320
소유권확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. In the real estate register with respect to the real estate of 810 square meters (hereinafter “instant land”) located in Gohap-gun, Chungcheongnam-gun, Daejeon-gun, the registration of the transfer of ownership is stated as “D” located in Gohap-gun C, and the registration of the transfer of ownership is completed on February 5, 1965 by 6889, which was received on February 5, 1965.

B. In the former land ledger concerning the instant land, the owner is registered as “D” on the ground that the “transfer of ownership on February 15, 1965” changed.

(c)

The father D of the plaintiff died on December 21, 1959.

(d)

The Plaintiff’s mother E was imposed property tax on the instant land from around 2005.

[Ground for recognition] The judgment as to the legitimacy of the lawsuit in this case as a whole without dispute, Gap evidence Nos. 1, 2, 4, and 6, and the purport of the whole pleading

A. The Plaintiff’s assertion 1) The Plaintiff is the same as the Plaintiff’s father D and the Plaintiff’s father D, and the Plaintiff divided the instant land into the Plaintiff’s ownership through a division of inherited property, but the Defendant contests the Plaintiff’s ownership while denying the identity between the Plaintiff and the Plaintiff’s inheritee. As such, there is a benefit to seek a voluntary confirmation of ownership of the instant land against the Defendant.

The argument is asserted.

2) In regard to this, the Defendant asserts that the instant land does not constitute a case where the State can file a claim for confirmation of ownership against the State, “where the Plaintiff’s father network D and the person injured are recognized,” and that there is no benefit in confirmation. Therefore, the instant lawsuit does not mean that there is no benefit in confirmation.

B. 1) The claim for confirmation of land ownership against a State is unregistered and is not registered in the land ledger or forest ledger, or in the case where the land is not registered in the land ledger or forest ledger, or the identity of the registered owner is unknown, the claim is based on the land ledger or forest ledger with respect to unregistered land.

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