소유권확인 등
1. Defendant Korea confirms that the land listed in the separate sheet is owned by Defendant B.
2. Defendant B shall be the Plaintiff.
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by based service by publication (Article 208 (3) 3 of the Civil Procedure Act)
C. According to the theory of lawsuit, Defendant B is obligated to implement the registration procedure for transfer of ownership on January 25, 1999 with respect to the land listed in the separate sheet (hereinafter “instant land”) on the Plaintiff.
2. Determination on the claim against Defendant Republic of Korea
A. The claim for confirmation of the ownership of the land against the State regarding the defense prior to the merits is an unregistered land and there is no registered titleholder on the land cadastre or the forest land cadastre, or the identity of the registered titleholder is unknown, and there is a benefit in confirmation only when there are special circumstances, such as the State's refusal of the ownership by a third party who is the registered titleholder, and the State continues to assert
(See Supreme Court Decision 95Da14817 delivered on July 25, 1995). Defendant Republic of Korea does not dispute whether the instant land is owned by B, who is a title holder of assessment, but asserts that B and Defendant B are the same person on August 1, 1913 on the old land cadastre, which was indicated as the assessment of the instant land on August 1, 1913. Defendant Republic of Korea cannot specify the title holder of registration on the ground that there is no resident registration number and address other than the Chinese one on the land cadastre.
Therefore, it is reasonable to view that the Plaintiff has a benefit to seek confirmation of Defendant B’s ownership against the Defendant Republic of Korea in order to file a lawsuit claiming ownership transfer registration against the Defendant B based on the completion of prescription after filing a subrogation application for registration of ownership preservation in the name of Defendant B
If there is no dispute between the parties, or if the purport of the entire pleadings is added to the entries or videos of Gap evidence Nos. 3, 4, 7, and 8 (including documentary evidence attached with a serial number), the plaintiff purchased from Eul on January 2, 1979 the land of this case and Jeju 377 square meters from that time to that date.