소유권이전등기
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the legitimacy of the instant lawsuit
A. The parties’ assertion 1) The Plaintiff’s father, his father, around August 10, 1978, shall be the Plaintiff’s entire land of this case (hereinafter “the entire land of this case”).
(A) Part (A) of 2349 square meters (hereinafter “instant land”) connected in sequence to each point of the attached table 1 through 9, 11 through 16, and 1, the result of the cadastral status survey among the attached table 1 to 9, 11, and 1
(2) On August 10, 198, the Plaintiff succeeded to the possession of the instant land after acquiring from D, and the prescription period for the acquisition of possession of the instant land was completed on August 10, 1998, the Plaintiff asserted that the instant land, which is unregistered land, was owned by the Plaintiff and filed the instant lawsuit. 2) As to this, the Defendant, on June 24, 1971, the entire instant land was the land subject to registration conversion (land category change), and there was a registry of the said E land, and therefore there was no benefit to seek confirmation of ownership against the Defendant, the State.
B. Article 245(1) of the Civil Act provides that “A person who occupies a real estate in a peaceful and openly performing manner for twenty years shall acquire its ownership by filing for registration.” Thus, in order to acquire the ownership of the land through the completion of the prescription period pursuant to the above Act and subordinate statutes, it would be necessary to use the method of filing a claim for ownership transfer registration against the owner at the time of the completion of the prescription period, which would lose ownership. There is no benefit to seek confirmation of ownership against the State
In addition, even if the period of acquisition by prescription has expired, it is not merely an effect of the acquisition by ownership, but it is merely an occurrence of the right to request registration for the acquisition of ownership by reason of it, and it cannot be deemed that the possessor acquires the ownership without registration even without completing the period of acquisition by reason of the completion of acquisition by prescription.
This legal principle is the address of the person who is considered as the land owner.