소유권확인
1. The plaintiff's action against the defendant is dismissed.
2. Defendant B shall be not less than 119m2, Ulsan-gu, Ulsan-gu, the Plaintiff.
1. As to the claim against the defendant in Korea
A. The Plaintiff’s assertion asserts that, inasmuch as the Plaintiff’s claim for the registration of ownership transfer on the ground of the completion of the prescription period for the acquisition of possession against B, the owner on the register of a grave C, Ulsan-gu, Ulsan-gu, the unregistered land (hereinafter “instant real estate”), the Plaintiff asserts that the Defendant Republic of Korea ought to confirm that the instant real estate is owned by the said B in subrogation of the above B for the purpose of preserving the claim.
B. (1) We examine ex officio the legitimacy of the instant lawsuit.
Generally, unless there are special circumstances, it is reasonable to presume that the plaintiff is a person who is injured by the defendant, the person who is injured by the defendant, or the person under subrogation, and the person under such age is alive, unless there are special circumstances. Thus, in a creditor subrogation lawsuit, unless there are special circumstances, unless it is deemed that the plaintiff is highly rare that the person under subrogation is actually injured and that the person under subrogation is alive until he/she reaches his/her age, and that his/her life is extremely rare and that his/her survival is very rare, the person under subrogation shall be presumed to be currently alive and the defendant should actively prove that he/she was dead by the time he/she reaches 110. However, it is very rare example that the person under subrogation or the defendant is alive by the time he/she reaches the age of 110. Therefore, if it is easily concluded that the person under subrogation or the defendant had already died before the filing of the lawsuit in this case, the fact of death may be ratified.
(2) In full view of the overall purport of the arguments in the evidence No. 4-1 and No. 2, the above B, as the owner of the real estate of this case, asserts that the plaintiff is the person subrogated to the creditor subrogation lawsuit, is the owner of the real estate of this case.