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(영문) 부산지방법원서부지원 2019.10.22 2019가단2757

토지인도및소유권확인

Text

1. The part concerning the claim for confirmation of ownership among the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The registration of transfer in the name of the Republic of Korea and the defendant 1) the real estate listed in the separate sheet (hereinafter “instant real estate”).

The registration of ownership transfer (hereinafter “registration of ownership transfer”) in the name of the Republic of Korea from the name of the Republic of Korea around January 20, 1971 on the grounds of the reversion of rights as of September 11, 1948.

(2) The real estate of this case was merged with the land of Gangseo-gu, Busan, under the name of the Republic of Korea on September 22, 1986, and the defendant completed the registration of ownership transfer (hereinafter referred to as the "registration of second ownership transfer") under the name of the Busan District Court Gangseo-gu, Busan, as the receipt on May 14, 2002 by the investment in kind on the land of Gangseo-gu, Busan (the current land category: miscellaneous land, area: 730 square meters) due to the investment in kind on May 14, 2002.

B. The plaintiff filed a lawsuit against the Republic of Korea and D for the registration of ownership transfer. The plaintiff appealed against the Republic of Korea as Busan District Court 91Kadan1499, and the plaintiff lost the lawsuit against the Republic of Korea. However, on September 6, 1991, the dismissal of the appeal (Seoul District Court 91Na5225) was made on January 21, 1992, and the above appellate judgment (hereinafter "the final judgment of this case").

(2) In the above appellate case, the plaintiff asserts that "the real estate of this case was purchased from the deceased's owner on March 31, 1955 by the deceased's father E, and the Republic of Korea, as the above net F's name on the register of the deceased is reported, and as it is deemed to be the farmland to which the real estate of this case belongs, and thus, as the Republic of Korea recognized it as the farmland to which the right belongs in the future of the Republic of Korea, the plaintiff filed a first ownership transfer registration for the real estate of this case in subrogation of D, who is the heir of the deceased F, sought the implementation of the ownership transfer registration procedure in the first place, and sought the implementation of the ownership transfer registration procedure in D due to the confirmation of ownership and the restoration of authentic name. However, the above appellate court claimed the plaintiff's father Ethy from the deceased Ethy.