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(영문) 대전지방법원 공주지원 2018.07.12 2018가단519
토지소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The purport of the Plaintiff’s assertion was as follows: (a) owned by the deceased B (hereinafter “the deceased”); and (b) the wife C, i.e., D, E, F, G, and H succeeded to the property; (c) the Plaintiff sought to complete the inheritance registration of the instant land by subrogation of D for compulsory execution based on the above D’s claim; (d) although the deceased’s address and the deceased’s resident registration injury were different in terms of the address on the registry of the said land, it could not complete the said inheritance registration; (b) as the deceased’s heir are under the risk of being present in the legal status, the Plaintiff’s allegation was sought confirmation that the instant land against the Defendant on behalf of the deceased was owned by the deceased’s heir.

2. In a lawsuit seeking confirmation as to whether to recognize the benefit of confirmation, the benefit of confirmation is recognized as the most effective and appropriate means to determine as the confirmation judgment in order to eliminate the plaintiff's legal status when there is a dispute between the parties as to the legal relationship subject to confirmation, and thereby, if the plaintiff's legal status is unstable and dangerous.

Any third party, other than the State, who asserts that he/she is a legitimate owner of the land for which ownership transfer registration is made, shall obtain a judgment against the title holder of the registration to confirm his/her ownership, and there is no benefit to seek confirmation of ownership against the State.

A claim for confirmation of land ownership against the State is unregistered, and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in extenuating circumstances, such as denying the ownership of a third party who is the registered titleholder, and asserting that the State is the ownership of the State.

However, when applying for the registration of ownership transfer due to inheritance, the address of the registered titleholder on the register is different from that on the family register or the register of removal.

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