소유권이전등기
1. The part concerning the claim for registration of initial ownership in the instant lawsuit shall be dismissed.
2. The defendant, at Jeju City C cemetery, shall be the plaintiff.
1. The facts below are without dispute between the parties, or acknowledged by the respective descriptions of Gap 1-5 evidence (including each number), and the purport of the whole pleadings.
The land described in paragraph (2) of this Article was assessed on November 30, 1913 by G.
G and the head of South Korea H confirmed that each of the adjudication of disappearance was rendered on March 23, 2017 on the grounds that the death or death was unknown for five years after January 1940 and that the period of disappearance was terminated on January 1, 1945 at the Defendant’s request.
G The south I died on December 3, 1981, and the Defendant succeeded to the property.
On November 20, 2018, the Defendant sold each of the above lands to the Plaintiff at KRW 140,000,000 (a separate sheet of KRW 50,000,000).
2. Whether a lawsuit for registration of ownership preservation is lawful, the Plaintiff is claiming against the Defendant that the registration of ownership preservation should be completed in the name of the Defendant with respect to each of the above land.
ex officio, a person who acquired rights from the owner of unregistered real estate can complete the registration of initial ownership in the name of the owner solely in subrogation of the owner's right to apply for registration based on the right to apply for registration after having received a judgment against the owner ordering him/her to implement the procedures for registration of ownership transfer. Therefore, the part of the claim for registration of initial ownership
3. According to the facts of recognition of the claim for ownership transfer registration, the Defendant is obligated to implement the registration procedure for ownership transfer on November 20, 2018 with respect to each of the above land to the Plaintiff.
4. In conclusion, the part of the claim for registration of ownership preservation among the lawsuit of this case is unlawful and thus, it is dismissed, and the plaintiff's claim for registration of ownership transfer is justified, and it is so decided as per Disposition.