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(영문) 춘천지방법원 강릉지원 2018.12.11 2018가단34267
소유권이전등기
Text

1. The plaintiffs' lawsuits against the defendant Republic of Korea are dismissed.

2. The plaintiffs, Defendant E, and Defendant E, set forth in attached Table 1.

Reasons

1. As to the claim for confirmation of ownership, the Plaintiffs seek confirmation against the Defendant Republic of Korea as to whether each of the real estate listed in the separate sheet is owned by Defendant E or Defendant F, the claim for confirmation of ownership against the State is unregistered, and it is impossible to identify who there is no registered titleholder or who is a registered titleholder in the land cadastre or forest land cadastre, and the State continuously denies the ownership of a third party who is a registered titleholder and continues to claim state ownership, or there is a benefit of confirmation in special circumstances, such as when the State does not recognize the burden of presumption of rights as to the owner of land cadastre or forest land cadastre (see Supreme Court Decision 2010Da45944, Nov. 11, 2010). Since each of the real estate listed in the separate sheet does not fall under any of the above cases as land under the circumstances of Defendant E or F, the Plaintiffs’ lawsuit against the Defendant Republic of Korea is unlawful as there is no benefit of confirmation.

Defendant Republic of Korea’s defense pointing this out is with merit.

2. In full view of the respective entries and arguments in Gap evidence Nos. 1 through 14 (Partial number omitted) as to the claim for ownership transfer registration, the defendant Eul suffered from each of the circumstances that the land prior to the division of the real estate listed in the separate sheet No. 1 in the separate sheet No. 2 and 44; the defendant Eul suffered from each of the circumstances that the land prior to the division of the real estate listed in the separate sheet No. 2 and 2 and 3, which was the land prior to the division of the real estate listed in the separate sheet No. 2 and 48; the deceased I (the "the deceased"), who resided in the house constructed on each real estate listed in the separate sheet No. 1 (the "the deceased") and paid taxes on each real estate listed in the separate sheet from October 22, 1990. After that, the plaintiffs can be recognized that they possess each real estate listed in the separate sheet while paying taxes to the deceased by inheritance to the present time, and the plaintiffs and the plaintiffs continue to hold each real estate jointly and openly as their own each real estate.

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