국유재산법 제7조 규정을 잠탈하여 취득한 것은 당연무효이므로 국가에게 소유권이 있음[국승]
Since the acquisition by breaking the provisions of Article 7 of the State Property Act is null and void as a matter of course, there is ownership to the State.
Since the acquisition by breaking the provisions of Article 7 of the State Property Act is null and void as a matter of course, there is ownership to the State.
Article 7 of the State Property Act
Gwangju District Court Magpo-2013-Ga-52866 ( October 03, 2014)
Korea
ParkA and seven others
on 14, 2014
on October 1, 2016 03
1. The plaintiff's defendant AA Bank, BB mutual savings bank,CC mutual credit;
Each action against the Treasury, D or D shall be dismissed.
2. The Plaintiff:
A. As to the share of 99/198 of each of the real estate listed in the separate sheet by Defendant ParkA and LeisureA
To implement the procedure for ownership transfer registration for the restoration of the true name;
B. As to the shares of the Defendant EA and EA in each of the above real property, the Defendant EA and EA shall not be deemed to have been entitled to any of the following:
The procedure for the cancellation of registration of the establishment of a mortgage completed by OOOO of the court on October 30, 1997
D. D. D.
3. The costs of lawsuit shall be borne by each person;
Text 2 (Correction by pointing out the share omitted in the complaint) and the Plaintiff, and the entry in the attached list
As to the real property, the defendant Ho-si shall be entitled to an OOO of receipt on April 1, 1985 by the defendant Park Jong-A-si.
Upon completion of the transfer registration, the defendant AA Bank, the BB Mutual Savings Bank, the Corporation;
CC Mutual Savings and Finance Company (CCA) was completed on April 7, 1990 by Defendant AA’s same court by the receipt OOOO.
The intention of each acceptance shall be expressed with respect to the procedure for the registration of transfer of ownership of the right.
1. Indication of claim;
The reasons for the attached Form shall be as shown in the attached Form.
2. Applicable provisions;
A. Defendant LA, EA, and EA: Article 208(3)1 of the Civil Procedure Act (to submit a written reply);
without holding any pleadings under this subsection)
(b) Defendant A: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)
3. Part of rejection
As in this case, the title of petition is replaced by the cancellation registration of any invalid cause under the Registration of Real Estate Act.
Where the registration of ownership transfer due to recovery is made, a third party with interest in the registration.
Even if his consent is not required (in case of an application for cancellation, the Registration of Real Estate Act);
Pursuant to Article 57(1), the consent of the above third party or a certified copy of the judgment against the third party shall be attached to the cancellation, but the same shall not apply to the application for the registration of transfer on the ground of the restoration of the true name), and even if the part of the real estate for which the plaintiff seeks the restoration of the real estate which is the plaintiff's delayed ownership is being used for public purposes, such as roads and the surface of the law, as in the drawings, the plaintiff does not have any interest in seeking the approval for the transfer of ownership against the defendant AA Bank, BB Mutual Savings Bank, the Seoul Mutual Savings Bank, the Seoul Mutual Savings Bank and the bankruptcy trustee, which is the provisional attachment obligee of the defendant PAA, and the DA who is the provisional registration obligee of the defendant PAA (However, the plaintiff can seek the cancellation of the provisional attachment according to the procedure of the civil execution court, or seek the cancellation of the provisional registration on the ground of the exclusion period by subrogation of the defendant PA as the interested party subrogated of the defendant PA).
Therefore, this part of the lawsuit is unlawful because there is no benefit in the protection of rights.