소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 30, 1997, the Plaintiff’s assertion E purchased F orchard 4,069 square meters (hereinafter “instant orchard”) in Jeju-si, Jeju-si, and completed the registration of ownership transfer on June 12, 1997. The Plaintiff purchased the instant orchard from E on March 17, 2014 and completed the registration of ownership transfer on May 13, 2014.
The cemetery of this case was located in the orchard of this case, but there was no salvine, and the cemetery itself was planted in walm tree. E and the Plaintiff, without knowledge of the existence of the cemetery of this case, occupied the cemetery of this case with knowledge as part of the orchard of this case.
Therefore, the Plaintiff acquired the instant cemetery as of June 12, 201 after the lapse of 20 years from June 12, 1997, when he occupied the instant cemetery, and thus, on June 12, 2017, the Plaintiff was obligated to implement the procedure for the registration of transfer of ownership to the Plaintiff, who is the title holder of the instant cemetery on the land cadastre.
2. According to the written evidence Nos. 10 and 11 of the judgment ex officio as to the legitimacy of the instant lawsuit, the Defendant was born on the G date. The Defendant’s age at the time of filing the instant lawsuit can be known to the effect that the Defendant’s age reaches 122 years of age.
The survival of a person by the age of 122 falls under a very rare example. In light of the circumstances confirmed by the Defendant’s birth time, the Defendant’s statements in Articles 2, 10, and 11, and the purport of the entire pleadings, the Defendant may be ratified as having already died prior to the institution of the instant lawsuit.
(See Supreme Court Decision 2002Da5873 Decided April 26, 2002, which ratified the death of a person who is 110 years old at the time of filing a lawsuit before the institution of the lawsuit (see Supreme Court Decision 2002Da5873, April 26, 2002). Therefore,
(2) The defendant's administrator is appointed by the decision of the family court, or it is difficult to confirm the existence, existence, or location of the defendant's heir, etc., and the lawsuit of this case against the defendant who is the deceased cannot be deemed lawful on March 3.