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(영문) 대전지방법원 2014.09.25 2014가단23291
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. The land register of the Plaintiff’s assertion includes “A” and “A” and “A” and the same person as the Plaintiff are the registered titleholder.

Therefore, I want to confirm that the land of this case is owned by the plaintiff.

The defendant asserts that there is no interest in the confirmation of the lawsuit of this case.

B. In light of the determination, the claim for confirmation of land ownership against the State is unregistered and the land is not known to the registrant on the land cadastre or the forest land cadastre, and there are interests in confirmation only when there are special circumstances, such as denying the ownership by a third party, who is the titleholder of the registration, and continuing to claim state ownership (see Supreme Court Decision 2009Da48633, Oct. 15, 2009). The instant real estate exists in the registry, and the Defendant does not deny the ownership of the titleholder on the registry. The Plaintiff’s lawsuit in this case is unlawful as there is no interest in confirmation.

2. The instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

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