토지표시변경 등기촉탁서 무효 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The answer B 486 square meters (hereinafter “instant land”) is the land owned by C, the father of the Plaintiff, from July 1, 1972.
B. The Defendant notified the registry office of the change of the indication of real estate on the ground that the land category listed in the land cadastre of the instant case does not coincide with the land category listed in the land cadastre of the instant case, and the registry office changed the title section of the instant land registry from “Ycheon-si B, 486 square meters” to “Yecheon-si B road B 1,607 square meters” on September 19, 2016.
C. On May 19, 2012, upon the death of C on September 22, 2016, the Plaintiff completed the registration of ownership transfer on the instant land due to inheritance by consultation and division.
On the other hand, the Republic of Korea filed a lawsuit against the Plaintiff and D on the ground that the period of extinctive prescription has been completed by occupying and using the instant land as the site of a motorway for at least 20 years from November 14, 1973, as the Gwangju District Court’s Netcheon Branch Office 2015da76893, which was the heir of C, for the registration of ownership transfer against the Plaintiff and D.
On November 9, 2016, the above court sentenced the Plaintiff and D to implement the procedure for ownership transfer registration on November 14, 1993 with respect to each one-half portion of the instant land in the Republic of Korea.
Accordingly, the Plaintiff appealed as the Gwangju District Court 2016Na60019, and the above court rendered a judgment to revise the first instance judgment on November 1, 2017, that the Plaintiff, who solely succeeded to the instant land, independently, performed the procedure for registration of ownership transfer on November 14, 1993 with respect to the instant land in the Republic of Korea.
The Plaintiff appealed to the Supreme Court Decision 2017Da284052 on November 21, 2017, but the appeal was withdrawn, and the said judgment became final and conclusive on November 21, 2017.
E. Korea completed the registration of ownership transfer on May 31, 2018 on the instant land on November 14, 1993.
F. The Plaintiff on April 24, 2017.