소유권이전등기
1. Defendant Republic of Korea confirms that each real estate listed in the separate sheet is owned by Defendant A.
2. Defendant A.
1. Facts of recognition;
A. Defendant A was investigated on July 22, 191 with respect to B forest No. 245 square meters in Gyeongsan-si, and on June 11, 1923 with respect to 20 square meters and 882 square meters in Gyeongsan-si, Gyeongsan-si, the registration of preservation of ownership was made under each Defendant A’s name on June 11, 1923, and each of the said real estates (hereinafter “each of the instant real estates”) is each unregistered real estate.
B. The Gyeongsan Water Cooperative around 1926 incorporated each of the instant real estate into the base of the E reservoir and used it as the base of the E reservoir from around 1928 to around 1928.
C. The Plaintiff succeeded to the rights and obligations of the Gyeongsan Repair Association by universal title.
[Ground of Recognition] Facts without dispute, entries in Gap evidence 1 through 10 (including each number), images, and the purport of the whole pleadings
2. Determination on the legitimacy of a lawsuit
A. The Defendant Republic of Korea asserts that, on July 22, 1911, Defendant A was subject to the assessment of 245 square meters of B forest land in Busan Metropolitan City around July 2, 1911, Defendant A had already died, and thus, Defendant A had no benefit in confirmation.
B. In general, barring any special circumstance, it is reasonable to presume that the plaintiff's life is presumed that the defendant or the person under subrogation, etc., who is the plaintiff's life is an actual life and that the person under subrogation is alive, unless there are special circumstances. Thus, in a creditor subrogation lawsuit, unless there are special circumstances, the plaintiff's life is presumed to be the actual life of the person under subrogation, and it is extremely rare for the plaintiff to live until he/she reaches his/her age. Thus, unless there are special circumstances, the person under subrogation is presumed to be currently alive, and the defendant must actively prove that he/she died.
(see, e.g., Supreme Court Decision 94Da18683, Oct. 25, 1994). Comprehensively taking account of the foregoing evidence.