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(영문) 대구지방법원서부지원 2019.01.10 2018가단61540
소유권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

If a claim for confirmation of land ownership against the State is unregistered and the land is not registered in the land cadastre or forest land cadastre, or the registrant is unknown, if the presumption of right is not recognized in the entry of the owner of the 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 state ownership, there is benefit in confirmation.

(see, e.g., Supreme Court Decision 2015Da230815, Oct. 27, 2016). According to the Plaintiff’s evidence No. 1, registration of preservation of ownership of the instant land in the name of CB was made under the name of CB. As such, the instant lawsuit against the State is unlawful as there is no benefit of confirmation.

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.

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