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(영문) 서울중앙지방법원 2020.01.14 2019가단5075767
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to the statements in Gap evidence No. 1 (including the paper number), registration of preservation of ownership of the land in this case was completed in the name of March 22, 1958, and in the register, it is recognized that only "Seoul City" is not recorded in B's address or its address is recorded in the register.

2. The Plaintiff’s assertion that the land of this case was owned by the father B, who died on November 6, 1965, and thereafter, the Plaintiff inherited the land of this case through an inheritance division consultation, etc.

The plaintiff tried to register inheritance on the land of this case, but the registration of inheritance was rejected on the ground that the address B was not entered in the register.

Accordingly, the Plaintiff seeks confirmation from the Defendant that the instant land is owned by the Plaintiff.

3. The Defendant’s main defense against the Defendant’s main defense is unlawful as the instant lawsuit has no interest in confirmation. As such, in the event that a claim for confirmation of land ownership against the State is unregistered and there is no registered titleholder in the land cadastre or the forest land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, if the presumption of right is not recognized in the entry on the owner of land cadastre or the forest land cadastre for unregistered land or the forest land cadastre or the forest land cadastre, or if there are special circumstances, such as the State’s refusal of ownership by a third party, there is

On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of the registered titleholder stated in the register, it means correcting the identity of the person entered in the register without changing the identity of the person entered in the register.

Therefore, in case where the registration is made on the land, if the identity of the character is recognized even though the entry of the holder in the register does not coincide with the actual, it is possible to register the change of indication.

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