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(영문) 청주지방법원 충주지원 2018.09.05 2018가단21329
소유권확인
Text

1. Of the instant lawsuit, the part concerning real estate 1, 2, and 3 listed in the separate sheet shall be dismissed.

2. The defendant shall list the annexed sheet.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet Nos. 1, 2, and 3 is jointly purchased by C, D, and E under the circumstances of B, and the real estate register is completed on October 1, 1926.

B. On June 15, 1912, real estate listed in the separate sheet Nos. 4, 5, and 6 is considered to have been evaluated by F on June 15, 1912 and is written in the old land cadastre, but the address is not written.

C. On April 18, 194, the Plaintiff’s Cho G died and the Plaintiff’s father succeeded to the funeral, and H died on April 15, 1978.

On March 27, 2018, H’s successors, including the Plaintiff, completed the agreement on division of inherited property on which all the real estate listed in the separate sheet is owned by the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7 (including additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. The owners of real estate 1, 2, and 3 listed in the separate sheet are G, the plaintiff's assistance division, and the address is 1,00,00,000 U.S. A, and the inheritance registration cannot be made because the address is erroneous as 'J of the U.S. A', and thus, it is sought confirmation of ownership against the defendant.

B. The attached list 4, 5, and 6 real estate was examined by G, which is the father’s assistance, and the registration cannot be made because the address is not indicated in the old land cadastre, and thus, the defendant is entitled to confirmation of ownership.

3. Determination as to the legitimacy of the claim for ownership verification concerning the real estate in the attached list 1, 2, and 3 among the instant lawsuit

A. In a lawsuit seeking confirmation (see, e.g., Supreme Court Decision 2016Da219761, Aug. 24, 2016) one of the relevant legal principles (see, e.g., Supreme Court Decision 2016Da219761, Aug. 24, 2016), the benefit of confirmation is recognized as the most effective and appropriate means to resolve the legal relationship between the parties in question, and thereby, to determine

It is legitimate that the transfer of ownership is registered in the third party who is not the State.

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