소유권확인
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim added at the trial is dismissed.
3...
1. The court's explanation on this part of the judgment of the main claim is identical to the part concerning the defendant's claim against the Republic of Korea on 1. The reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept it according to the main sentence of Article 420 of the Civil Procedure
2. Determination on the conjunctive claim
A. The purport of the Plaintiff’s assertion is that B registered as the owner of the land of this case died, and it is confirmed that there is no heir, and thus, the land of this case constitutes an unregistered real estate, and the Defendant acquired the ownership of the land of this case in accordance with Article 252(2) of the Civil Act on the attribution of State of
Therefore, at the time when the Plaintiff completed the prescriptive acquisition for the instant land, the Defendant, as the owner of the instant land, is obligated to implement the procedure for the registration of ownership transfer for the instant land.
B. First, we examine whether the Defendant is the owner of the instant real estate.
Land assessed in the name of a specific person shall be presumed to be owned by the person under circumstances or his/her heir, except in extenuating circumstances, and it shall not be known whether the owner of the land is missing.
Even if it is proved that he dies and there is no inheritor, or if the procedure for reversion of the land to the State under Articles 1053 through 1058 of the Civil Code is not carried out, the land shall not be immediately owned by the State and shall not be owned by the State.
(see, e.g., Supreme Court Decision 98Da59132, Feb. 23, 199). As seen earlier, the land in this case appears to have been evaluated in the name of B, and is presumed to have been dead, but there is no heir of B.
There is no evidence to acknowledge that the procedure was conducted to vest the instant land, which is the inherited property B, in accordance with Articles 1053 through 1058 of the Civil Act regarding the instant land, in the State, such as the appointment of an administrator of inherited property and the public announcement of heir search.