소유권확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion C received the assessment of the instant real estate on November 25, 1912, and the said real estate is unregistered real estate.
On February 7, 1917, D, the Plaintiff, purchased the instant real estate from C on February 7, 1917, and the Plaintiff, after being donated the said real estate from D on October 5, 196, occupied the said real estate in a peaceful manner with its own intent to hold it publicly.
C is obligated to implement D’s procedures for the registration of ownership transfer of the instant real estate due to sale on February 7, 1917, or the Plaintiff at least is obligated to implement the registration procedures for ownership transfer on October 5, 1986 for the completion of the acquisition by prescription.
Therefore, the Plaintiff seeks confirmation of the ownership of the instant real estate in lieu of C in subrogation of the Defendant.
2. The claim for confirmation of land ownership against the country of determination as to the legitimacy of the instant lawsuit is an unregistered land and there is no registered titleholder on the land cadastre or forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit of confirmation only in the case of special circumstances, such as continuing to assert state ownership while the State denies the ownership of a third party who is a registered titleholder.
(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, etc.). In addition, registration of preservation of ownership is applied by a certified copy of land cadastre or forest land cadastre (Article 130 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership (Article 130 subparag. 2 of the Registration of Real Estate Act), a person who acquired ownership through expropriation (Article 130 subparag. 3 of the same Act) by a judgment, and a person who proves that he/she was registered as an owner in his/her own or his/her family register by a certified copy of land cadastre or forest land cadastre, and a person who was registered as an owner in his/her own or his/her family register shall be registered as the first owner in the register, and a person who received registration of transfer of ownership on the register.