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(영문) 청주지방법원 2016.11.24 2016가단7937
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a non-corporate group organized and operated for mutual cooperation, service, and the development and management of the land located therein, based on the villages formed in the Soak-gu Seoul Metropolitan City B.

B. The land cadastre of Heung-gu Seoul Special Metropolitan City (hereinafter “Before subdivision”) which is an unregistered real estate, is registered as the change of the owner’s name to two persons, E, and E, by means of each of the former Special Measures on the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 197, and its invalidation) on October 25, 191.

C. The land before subdivision was divided into each real estate listed in the separate sheet on October 23, 2015 (hereinafter “each of the instant land”).

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence (including each number, hereinafter the same evidence), Eul 1 and 2 evidence, witness F testimony, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the instant lawsuit seeking confirmation of ownership against the State on the ground that the former owner’s address and resident registration number are not indicated on the land cadastre of each of the instant land in this case and that the deceased’s heir is not entitled to the registration of ownership transfer even through the lawsuit against the deceased’s heir, etc., the Defendant’s assertion does not constitute “where the indication of the owner on the land registry is a blank space or where it is impossible to identify the owner on the registry because the owner on the registration ledger was omitted on the registration ledger” in the Business Procedure (No. 1483 of the Registration Rules) regarding the applicant for registration of ownership preservation of unregistered real estate. Therefore, the instant lawsuit is asserted that there is no benefit of lawsuit.

B. The claim for confirmation of land ownership against the country is when the land is unregistered and there is no registered titleholder on the land cadastre or forest land cadastre or when it is impossible to identify who the registered titleholder.

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