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(영문) 의정부지방법원 2015.09.25 2015나53170

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s father C purchased rice on the attached sheet No. 3, 4, 5, 6, 30, 7, 8, 9, 10, 45, 11, 12, 48, 49, 50, 22, 47, 23, 35, 36, 37, 25, 38, 39, 40, 27, 28, 41, 42, 43, 44, 44, and 33 of the Plaintiff’s 1,602 square meters of land B from D, P, 1960, 11, 12, 48, 49, 50, 50, 222, 47, 35, 36, 37, 38, 38, 42, 43, and 911 square meters of land in line with D’s intention.

In addition, the land of this case is a non-owned real estate, and is owned by the defendant.

Therefore, the Plaintiff seek against the Defendant the implementation of the procedure for the registration of ownership transfer on December 31, 2004 regarding the instant land.

2. In order to acquire ownership of land through the completion of the prescription for acquisition by prescription, a request for ownership transfer registration shall be made by the method against the owner at the time of completion of the prescription who loses ownership due to such acquisition;

In addition, the owner of a land which is circumstances in the name of a specific person is the nominal owner and his/her heir is his/her own owner if he/she dies, and even if his/her death or death is unknown due to the absence of his/her heir, it is proved that he/she has died and no heir exists, or unless the procedures for reversion to the State pursuant to Articles 1053 through 1058 of the Civil Act are not immediately owned by the State

(see, e.g., Supreme Court Decisions 98Da59132, Feb. 23, 199; 96Da53420, Apr. 25, 1997). According to the respective descriptions of evidence Nos. 1 through 9 with respect to the instant case, E was under the circumstances of KRW 1,600 (hereinafter “F land”), and the cadastral record of F land was destroyed following the fact that E was under the circumstances of KRW 1,600 (hereinafter “F land”).