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(영문) 대법원 2016.10.27 2015다230815
소유권이전등기
Text

The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Where a claim for confirmation of ownership of land against the State is unregistered and its registrant is unknown in the land cadastre or forest land cadastre or forest land cadastre, where the presumption of right is not recognized in the entry of the owner of the land cadastre or forest land cadastre for unregistered land or forest land cadastre, or where the State continues to claim ownership of a third party, or where special circumstances exist, such as where the State denies the ownership of a third party registered or recorded, the benefit of confirmation exists;

(see, e.g., Supreme Court Decision 2010Da45944, Nov. 11, 2010). On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of a registered titleholder stated in the register, a correction is made without changing the identity of the person indicated in the name, address, resident registration number, etc. of the registered titleholder.

(See Supreme Court Decision 95Da33214 delivered on April 12, 1996). Accordingly, in a case where a registration of land has been made, the entry of the holder of a title on the registry does not coincide with the actual entry of the holder of a title on

Even if the identity of personality is recognized, it is possible to register the change of indication of a registered titleholder (see Supreme Court Decision 94Da36360, Jun. 13, 1995). There is no benefit to seek confirmation against the State on the actual possession.

2. Review of the reasoning of the first instance judgment as cited by the lower court and the evidence duly admitted by the lower court reveals the following facts.

On June 13, 1970, the Plaintiff completed the registration of ownership transfer on July 3, 1968 with respect to shares of 15/1,324 (hereinafter “share of the instant forest”) among the shares of 57,172m2 (hereinafter “instant forest”) in Gyeongbuk-gun B forest land under the Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2204, Jun. 18, 1970).

B. The Plaintiff’s name and resident registration number are “A and M”, and the legal domicile is the legal domicile of the Plaintiff.

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