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(영문) 창원지방법원밀양지원 2015.03.04 2014가단3292
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. According to the reasoning of evidence No. 1, the fact that the registration of ownership transfer in the name of C (Sayang-gun) and D (Sayang-gun E) was completed on July 13, 1971, which was received on July 13, 1971 with respect to B forest land No. 38975 square meters (hereinafter “instant real estate”) in Choyang-nam-si, Gyeongyang-si (hereinafter “instant real estate”) on March 1, 1964.

2. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff (Appointed Party)’s assertion that the Plaintiff (Appointed Party) and the designated parties C are the same person, and the legal domicile of the Plaintiff (Appointed Party) and the designated parties C of the real estate of this case is the same person, and the legal domicile of the Plaintiff (Appointed Party) and the designated parties C of the deceased’s deceased’s deceased co-ownership of the shares in the attached Form C, and thus it is impossible to register inheritance due to the registered titleholder C’s legal domicile in the register of the deceased and the deceased’s deceased co-ownership of the shares in the attached Form. Thus, the Plaintiff’s assertion against the Defendant is not possible.

B. A claim for confirmation of land ownership against the country can only be made in exceptional circumstances, such as where the land is unregistered and its registrant is unknown on the land cadastre or forest land cadastre, or where the registrant is unknown, and where the State denies the ownership of a third party who is the titleholder of the registration or the registry, and where there are special circumstances, such as the State continuously asserting the ownership

(2) In light of the aforementioned legal principles, the Plaintiff did not have any right to file a claim for confirmation of ownership against the State as to the instant real estate. However, the Plaintiff did not have any right to file a claim for confirmation of ownership against the State as to the instant real estate. Thus, the Plaintiff did not have any right to file a claim for confirmation of ownership against the State as to the instant real estate.

[Plaintiffs (designated parties and designated parties) shall take the procedure of filing an application for inheritance registration along with the materials recognizing that they are legitimate successors to the real estate of this case, and if they are refused to file an application for inheritance registration, the registrar shall reject the application for inheritance registration

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