logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.04.27 2015나5644
소유권확인 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On July 3, 2013, the Plaintiff asserted that the Plaintiff purchased 3,582 square meters prior to C in Seogpo-si, Seopo-si, and completed the registration of ownership transfer on August 23, 2013.

Meanwhile, as the land located within the boundary of the above C, B owned and used the said C’s land in peace and openly with the intent of its owner, and the Plaintiff succeeded to the possession prior to the possession.

The Plaintiff sought the implementation of the procedure for the registration of ownership transfer for the completion of the prescriptive acquisition on March 31, 2014 regarding the instant cemetery against Defendant A, the deceased’s heir, who is the deceased’s owner on the registry of the instant cemetery. As such, the Plaintiff cannot specify the owner on the ground that the current cemetery was not recorded in the deceased’s resident registration number, etc. as the owner on the registry, as the state of non-registration of the instant cemetery was unregistered, and thus, in order to preserve the claim for the registration of ownership transfer for the completion of the prescriptive acquisition against Defendant A, the Plaintiff sought confirmation that the instant cemetery was owned by Defendant A on behalf of Defendant A.

2. As to the claim against the defendant in Korea, the defendant's claim for the confirmation of ownership against the defendant in Korea is an unlawful lawsuit without interest in the confirmation.

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 certain land, and in a case where there is a person who has been registered as an owner on the registry, land cadastre, or forest land cadastre, an application for registration of preservation of ownership may be filed against the State, when the said person obtains a final and conclusive judgment confirming that the relevant real estate is owned by the applicant for registration of preservation of ownership. As such, a request for confirmation of ownership against the State is unregistered, and it is impossible to identify who the registrant exists or who is the registrant on the land cadastre or forest land cadastre, and there is

arrow