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(영문) 인천지방법원부천지원 2016.09.07 2016가단15527
부동산소유권확인청구
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff was a person who newly constructed a ground building (D shop; hereinafter “instant building”) as indicated in the attached Table on the land 1,708 square meters in Bupyeong-si. At the time, the part of the unregistered boiler room (hereinafter “instant omitted part”) connected in sequence 1, 2, 3, 4, and 1, which was omitted with the indication of the attached Form No. 1, 2, 3, 4, and 1 (hereinafter “instant omitted part”), and the above part is not indicated in the registration book until now.

B. The Defendant, as representative from May 20, 1978 to July 20, 1998, prepared a notarial deed to the effect that the omitted part of this case is owned by the Plaintiff on April 10, 2009.

C. Therefore, the Plaintiff seeks confirmation of ownership of the omitted part to the Defendant.

2. In a lawsuit for confirmation of judgment, there must be a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant when it is the most effective means to eliminate anxietys, risks, and risks in the plaintiff's rights or legal status.

In addition, the defendant in a lawsuit for confirmation may cause uneasy in the legal status of the plaintiff by dispute over the plaintiff's rights or legal relations, and again, he/she shall be a person who has asserted conflicting interests with the legal interests of the plaintiff and, if so, has the benefit of confirmation against such defendant (see, e.g., Supreme Court Decision 2012Da67399, Feb. 15, 2013). However, in the instant case, the defendant cannot be deemed as a person who has asserted conflicting interests with the legal interests of the plaintiff in conflict with those of the legal interests of the plaintiff, and thus, the defendant cannot be deemed as a person who has asserted an uneasy in the legal status

3. Conclusion, the plaintiff's objection.

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