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(영문) 제주지방법원 2019.10.01 2018가단56765

소유권이전등기

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1. All of the plaintiffs' lawsuits against Defendant Republic of Korea are dismissed.

2. The plaintiffs' claim against the defendant C.

Reasons

1. Basic facts

A. On April 29, 1970, F completed the registration of transfer of ownership on the ground of sale on February 15, 1970 with respect to G forest land of 1581 square meters (hereinafter “instant land”).

Of the instant land, Plaintiff A completed the registration of ownership transfer based on the sale on the same date as of April 14, 2004 with respect to the Plaintiff A’s share of 900/2569, and Plaintiff B with respect to the share of 1669/2569.

B. Meanwhile, in Jeju-si, E Cemetery No. 93 square meters (hereinafter “instant cemetery”) is unregistered land that was assessed against C on January 1, 1914. The land cadastre of the instant cemetery is only the name of C, but does not include the address, resident registration number, etc. to specify C.

However, on the cadastral boundary, the graveyard of this case is located at a place far from the center point of the land of this case to the south-west, and the land of this case, except for a part of the northwest andwestwest part, has a shape surrounded by the graveyard of this case.

C. On April 23, 2018, the Plaintiffs filed a petition with Jeju District Court (2017 D) for the appointment of an absentee administrator (replacement) by designating the said C as the principal of the instant case, and the said court rendered a judgment on the replacement of the property administrator C from H to D by an attorney-at-law.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2-2, Gap evidence 3, Gap evidence 4-1, 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion F continued possession of the instant cemetery, which constituted a part of the instant land without a furnishment in acquiring the ownership of the instant land, and the Plaintiffs continued to possess the instant cemetery. As such, as of June 4, 2018, the prescriptive acquisition was completed by occupying the instant cemetery as its owner’s intent for twenty (20) years retroactively from June 4, 2018.

Therefore, Defendant C, who is an assessment titleholder, is obligated to implement the registration procedure for ownership transfer on June 4, 2018 with respect to the instant cemetery on the ground of the completion of the prescriptive acquisition.