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(영문) 창원지방법원진주지원 2020.11.12 2019가단4485

소유권이전등기

Text

1. As to Defendant B, C, D, E, F, G, H, and I’s 1484 square meters of land in Jannam-do, Busan-do, Busan-do, Busan-do, in eight equal shares.

Reasons

1. Determination on the claim against Defendant Republic of Korea

A. 1) The fact of recognition is 1484m2 (hereinafter “instant land”) of Jan-gun, Cheongnam-do, Busan-do (hereinafter “Yan-do”).

2) On May 19, 1950, K was unregistered land, and K acquired the ownership in the first time during the Japanese occupation. 2) K died on May 19, 1950, and K was succeeded solely to the family inheritance at the same time as the family inheritance.

3) L died on March 24, 1994, and Mdo, the spouse, died on February 22, 2006. L’s property is Defendant B, C, D (N prior to the opening of name), E, F, G (O prior to the opening of name), H, I (hereinafter “Defendant B, etc.”).

(4) Around 190, the Plaintiff purchased the instant land from Q around 1990, and around 2015, donated the instant land to the Plaintiff.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence of Nos. 1 through 17, Eul evidence of No. 1 through 5 (including paper numbers), the purport of the whole pleadings

B. As to Defendant Republic of Korea’s main defense, the Plaintiff sought confirmation against Defendant Republic of Korea on the fact that Defendant B, etc. owned 1/8 shares of each of the instant land. Accordingly, Defendant Republic of Korea has no interest in confirmation. 2) The Plaintiff’s claim against Defendant Republic of Korea for confirmation of land ownership against the relevant country is unregistered, the land is not known on the land cadastre or land cadastre, or the identity of the registrant is unknown, or there is a benefit in confirmation only in the case of special circumstances, such as where the State continues to deny the ownership of a third party, who is a registered titleholder, and the State has no interest in confirmation.

According to Article 87 subparagraph 4 of the Spatial Data Construction, Management, etc. Act, a creditor may subrogate an application to be made by a landowner who is a debtor under the said Act to preserve his/her claim, but it is in accordance with Article 84 of the said Act.