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(영문) 대구지방법원경주지원 2017.04.11 2016가단11977
소유권확인
Text

1. The plaintiff's action against the defendant is dismissed.

2. Attached 1. The Defendants listed in the list shall each be the Plaintiff.

Reasons

1. Determination on the legitimacy of a lawsuit against Defendant Republic of Korea

A. The plaintiff asserted that the land in this case acquired the ownership of the sea (hereinafter referred to as “Z”) on March 20, 1913, but the registration of the preservation of ownership was not made until now because it does not indicate other personal information, such as the name and address, other than the name of the land cadastre. Since it is impossible to identify who is the registrant on the land cadastre and it is difficult to prove who is the owner of the land, there is a benefit to seek confirmation from the State against the defendant Republic of Korea on the ground that the claim in this case against the defendant Republic of Korea seeking confirmation on the ownership of the land as the heir of the Z is reasonable.

As to this, Defendant Republic of Korea can identify who is the registrant of the instant land through land cadastre, such as identifying the address of the land cadastre of the instant land, and Defendant Republic of Korea does not dispute the owner of the instant land or claim the ownership of the instant land. As such, Defendant Republic of Korea asserts that the part of the Plaintiff’s claim against Defendant Republic of Korea among the instant lawsuit is unlawful as there is no benefit of confirmation.

B. In a case where there is a person who has been registered as an owner on the registry, land cadastre, or forest land cadastre with respect to a parcel of land in the relevant legal doctrine, an application for registration of preservation of ownership may be filed against the State when a final and conclusive judgment confirming that the relevant real estate is owned by the applicant for registration of preservation is filed. Thus, a request for registration of ownership against the State is limited to the cases where the relevant land is unregistered and the land is no registrant on the land registry or forest land cadastre, or the identity of the registrant is unknown, or where there are special circumstances, such as the State continues to assert ownership

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