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(영문) 대전지방법원 서산지원 2018.07.10 2018가단1478
소유권확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. As to the instant real estate, the Daejeon District Court No. 342 of Apr. 3, 1968 received on April 3, 1968, and the registration of ownership transfer was completed on March 22, 1968. The registered titleholder is F and G.

The address of F on the registry is the H of Seosan-gun, G is the I of Seosan-gun, and the I of Seosan-gun.

B. The permanent domicile and address of the Plaintiff A, the original domicile and address of the Plaintiff A, shall be J of Chungcheongnam-nam Budget Group, and the permanent domicile and address of the Plaintiff B, K of Chungcheongnam-nam Budget Group.

F, G and D, which are the registered titleholders of the instant real estate, are the same person, and the address on the registry is recorded differently by mistake.

B. D and E, the plaintiffs' reference, died, respectively, and the plaintiffs A and B respectively inherited D and the plaintiffs B respectively.

The defendant is obligated to confirm that the real estate of this case is owned by the plaintiffs.

2. Determination as to the legitimacy of the instant lawsuit

A. If a claim for confirmation of land ownership against the State is unregistered and there is no registered titleholder in the land cadastre or forest land cadastre or forest land cadastre, if the presumption of right is not recognized in the entry of the owner of land cadastre or forest land cadastre for unregistered land or forest land cadastre, or if there are special circumstances, such as denying the ownership of a third party registered by the State and continuing to claim ownership by the State, etc.

On the other hand, where there are errors or omissions in the name, address, resident registration number, etc. of the registered titleholder stated in the register, it means correcting the identity of the person entered in the register without changing the identity of the person entered in the register.

Therefore, if the identity of personality is recognized even if the entry of the holder of a title on the register is not consistent with the actual, it is possible to register the indication of the holder of a title, and to confirm the actual ownership against the State.

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