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(영문) 서울중앙지방법원 2016. 05. 18. 선고 2015가단103010 판결
소유권이전등기말소청구를 기각한다.[국승]
Title

The request for cancellation of ownership transfer registration is dismissed.

Summary

There is no evidence to prove the fact that it occupied the claim for cancellation of ownership transfer registration, and even if it was occupied, it is deemed as the possession of the owner, and the claim is dismissed.

Cases

Seoul Central District Court 2015Kadan103010

Plaintiff

AA

Defendant

○○ Civil Country outside of Korea

In the name of EE, each ownership transfer registration is made in the name of Hong F on March 31, 200, each of the red F, and 200.3.

14. The provisional registration of the right to claim transfer of ownership was completed in the name of the defendant EE.

7) As to the 11 real estate listed in the separate sheet, the name of Defendant ○○○ on January 17, 190, as to the 11st real estate:

The name of Defendant RedF on March 31, 200, and each ownership in the name of Defendant II Corporation on April 29, 200, respectively.

The registration of transfer has been completed.

8) As to the 12 real estate listed in the separate sheet, the name of Defendant ○○○ on January 17, 190, as to the 12 real estate:

On March 31, 200, each registration of ownership transfer was completed in the name of Defendant RedF.

[Reasons for Recognition] Each entry of Gap 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Defendant KimA, this B, ParkB, ParkCC, teaD, EE, Red F, Park G, H, and II of the Plaintiff

Determination on the legality of each lawsuit against construction works

(a) Defendant KimA, this BB, ParkCC, teaD, EE, redF, ParkG, II;

Determination on the legality of each lawsuit against construction works

1) The plaintiff's assertion

Japanese LL, the owner of the forest before the division of this case, has left Korea in Japan.

In the meantime, the right to manage and dispose of forest land before the division of this case was delegated to ParkM, and the Plaintiff’s side.

Park NN, on November 11, 1900, purchased forest land before the division of this case from ParkM and owned it.

There was no completion of the registration of transfer of authority and possession of the deceased ParkN.

From September 1, 190, to twenty (20) years from around September 1, 190, possession of forest land before the instant partition, and its occupation around September 1, 190.

The acquisition by prescription has been completed, and in particular, with respect to one real estate listed in the separate sheet, the net ParkN.

Since January 17, 1900, the Plaintiff occupied it and died on July 10, 1900 after the deceased.

A. Since the acquisition by prescription has been completed on January 17, 190 by the continued possession of it, the plaintiff was avoided.

at the time of possession and acquisition of each real estate in attached list 1, 6, 8, 10, 11, and 12 with respect to ○○○ State

To preserve a claim for ownership transfer registration due to completion of efficacy, the subrogation of the defendant ○○ Civil State;

(1) The grounds for invalidation of the above Defendants’ real estate in the separate sheet No. 1,6,8,10,11, and 12

The cancellation of transfer registration shall be sought.

2) Determination

Any right of the obligee to be preserved by subrogation in a creditor subrogation lawsuit shall be

In the event that no objection is recognized, the creditor himself/herself becomes the plaintiff and becomes the third debtor of the debtor.

Inasmuch as the party to the lawsuit is not entitled to exercise its right, the lawsuit for subrogation shall be dismissed in an unlawful manner.

Nor is (see, e.g., Supreme Court Decision 94Da14339, Jun. 24, 1994).

As to this case, the plaintiff stated in the attached list 1, 6, 8, 10, 11, 12 against Defendant ○○ Civil State

The right to claim the transfer registration of ownership due to the completion of the statute of limitations on possession of each real property.

The reasons described in section 3.b.2 below, whether or not there is a right to be preserved in the subrogation lawsuit

As such, each lawsuit against the above Defendants is unlawful. In conclusion, each lawsuit against the Plaintiff is unlawful.

B. Determination on the legality of the Plaintiff’s lawsuit against Defendant CH

The complaint must state the purpose and cause of the claim, and the plaintiff is the defendant CH.

because it is apparent in the record that the purport and cause of the claim was not written at all, the origin is the same.

In intentionally, the lawsuit against Defendant CH is unlawful.

3. Determination on the Plaintiff’s claim against Defendant ○○ Civil State

A. Determination on the claim for cancellation of ownership transfer registration

The plaintiff shall have completed each of the real property listed in the separate sheet by the defendant ○○'s country.

The transfer registration argues that the registration should be cancelled as the registration of invalidity of the cause, but any agency to recognize it.

Inasmuch as there is no such evidence, the Plaintiff’s claim against Defendant ○○ Civil State for this part of the claim is without merit.

B. Determination on the claim for ownership transfer registration

1) The plaintiff's assertion

Japanese LL, the owner of the forest before the division of this case, has left Korea in Japan.

In the meantime, the right to manage and dispose of forest land before the division of this case was delegated to ParkM, and the Plaintiff’s side.

Park NN, on November 11, 1900, purchased forest land before the division of this case from ParkM and owned it.

There was no completion of the registration of transfer of authority and possession of the deceased ParkN.

From September 1, 190, to twenty (20) years from around September 1, 190, possession of forest land before the instant partition, and its occupation around September 1, 190.

The acquisition by prescription has been completed, and in particular, with respect to one real estate listed in the separate sheet, the net ParkN.

Since January 17, 1900, the Plaintiff occupied it and died on July 10, 1900 after the deceased.

Since the statute of limitations for acquiring possession has been completed around January 17, 1900 by continuing possession thereof, the list is set out in the separate sheet.

The registration of ownership transfer shall be filed on the ground of completion of the prescription for possession of each real estate.

First, with respect to each real property listed in the separate sheet 2 to 16, the network ParkN or the plaintiff

From September 1, 190, 200 to or from July 10, 190, or from around 20 years to around 190.7.10

on the basis of the evidence No. 17, the entry of evidence No. 18 and No. 19 is not believed, and the entry of evidence No. 18 and No. 19 is recognized.

The plaintiff's claim under this part is not sufficient, and there is no other evidence to acknowledge it.

on the remainder of this issue, without the need to further examine the remainder, and without the need to do so.

Even if one has occupied the real estate listed in the separate sheet 2 through 16 for 20 years in high-priced 20 years, the following categories:

possession shall be deemed to be the possession of a third party, as seen in the determination of the holding of one real estate as described in the list.

Therefore, the plaintiff's claim for this part is without merit.

Next, we examine the real estate listed in the attached list.

1900. 8. 9. Property in the name of a Japanese owner on the current registry No. 33 of the U.S. military statutes

Finance and property acquired by the U.S. military administration under this section and concluded between the 000 civilian government and the U.S. government.

Since the property devolvingd to the government of ○○ Government under Article 5 of the first Agreement, it shall become a property devolving upon the State;

Before that, Korean people had already acquired ownership from Japanese people due to purchase or any other cause.

(2) No. 103 of the U.S. military law and April 1948, 194

17.Judgment on the cancellation of reversion by the Property Committee under the Order of Secretary of the Maritime Affairs of July 28, 1948.

or upon confirmation under Act No. 102 and 230;

(2) the ownership of such property, unless the ownership is subject to or is subject to a final judgment

and the ownership is attributed to the State (Supreme Court Decision 96Da32812 delivered on November 15, 1996).

Conclusion of Pleadings

May 4, 2016

Imposition of Judgment

May 18, 2016

Text

1. The Plaintiff’s respective lawsuits against Defendant KimA, this BB, ParkCC, teaD, EE, Red F, Park G, H, and II Corporation shall be dismissed in entirety.

2. The plaintiff's claim against the defendant ○○ Civil State is dismissed in entirety.

3. The costs of lawsuit shall be borne by the Plaintiff.

For the support of the Gu office:

1. As to the real estate listed in the separate sheet:

A. 1) Defendant 1’s ○○ Civil State is the ownership transfer registration completed on January 17, 190 by ○○ District Court 190 ○○○○○○○.

2) Defendant KimA’s transfer registration completed on November 25, 1900 by the same court on November 25, 190,

3) Defendant BB’s transfer registration completed on August 25, 1900 by the same court as the receipt ○○;

4) Defendant ParkCC’s transfer of ownership completed on September 2, 1900 by the same court and completed on September 2, 190,

5) Defendant ADD’s transfer of ownership completed on October 27, 190 by the same court No. 1900,000;

6) The Defendant EE shall register the provisional registration of the right to claim ownership transfer completed on March 14, 200 by the same court on March 14, 200, and the ownership transfer registration completed on May 18, 200 by the receipt ○○ on May 18, 200;

7) Defendant ○○○ Civil State is the ownership transfer registration completed on September 13, 200 by the receipt No. 000, in the same court.

8) Defendant Hong FF’s transfer registration completed on March 31, 2000 by the same court on March 31, 2000.

execution of each procedure for cancellation registration;

B. On September 1, 190, Defendant 00, Defendant 00, performed the procedure for the registration of ownership transfer on the ground of the completion of the prescriptive acquisition;

2. The Defendant ○○○ Civil State shall cancel the registration of ownership transfer completed on January 17, 190 by ○○ District Court on each real estate listed in the same list 2 through 5, 7, 9, 13 through 16, and shall implement the procedure for the registration of ownership transfer on September 1, 190, and on each real estate listed in the same list 6,8:

A. 1) Defendant 1’s ○○ Civil State is the ownership transfer registration completed on January 17, 190 by ○○ District Court 190 ○○○○○○○.

2) Defendant ADD’s transfer of ownership completed on October 27, 190 by the same court No. 1900,000;

3) Defendant Park GG’s transfer of ownership, completed on November 3, 200, by the receipt No. 100, in the same court;

4) Defendant ○○ Civil State completed on December 8, 200 by the same court on December 8, 200 and completed on December 8, 200,

5) Defendant Park GG’s transfer of ownership, completed on August 30, 2007 by receipt No. 18623, the same court.

execution of each procedure for cancellation registration;

B. On September 1, 190, Defendant 00, Defendant 00, implementing the procedure for the registration of ownership transfer on the ground of the completion of the prescriptive acquisition on September 1, 190, and 4. As to real estate 10

A. 1) Defendant 1’s ○○ Civil State is the ownership transfer registration completed on January 17, 190 by ○○ District Court 190 ○○○○○○○.

2) The Defendant EE shall register the provisional registration of the right to claim ownership transfer completed on March 14, 200 by the same court on March 14, 200, and the ownership transfer registration completed on May 18, 200 by the receipt ○○ on May 18, 200;

3) The Defendant ○○ Civil State completed on December 11, 200 by the same court on December 11, 200, the ownership transfer registration completed on December 11, 200

4) Defendant EE registers the transfer of ownership completed on January 24, 2000 by the same court No. 200,000;

5) Defendant Hong FF’s transfer registration completed on March 31, 2000 by the same court on March 31, 2000.

execution of each procedure for cancellation registration;

B. On September 1, 190, Defendant 00, Defendant 00, performed the procedure for the registration of ownership transfer on the ground of the completion of the prescriptive acquisition;

5. As to 11 real estate recorded in the same list:

A. 1) Defendant 1’s ○○ Civil State is the ownership transfer registration completed on January 17, 190 by ○○ District Court 190 ○○○○○○○.

2) Defendant Hong FF’s transfer registration completed on March 31, 2000 by the same court, the receipt No. 100,000;

3) Defendant II Corporation shall register the transfer of ownership completed on April 29, 2000 by the same court as the receipt ○○.

execution of each procedure for cancellation registration;

B. On September 1, 190, Defendant 00, Defendant 00, implementing the procedure for the registration of ownership transfer on the ground of the completion of the prescriptive acquisition on September 1, 190, and on 12 real estate recorded in the same

A. 1) Defendant 1’s ○○ Civil State is the ownership transfer registration completed on January 17, 190 by ○○ District Court 190 ○○○○○○○.

2) Defendant Hong FF’s transfer registration completed on March 31, 2000 by the same court on March 31, 2000.

execution of each procedure for cancellation registration;

B. Defendant ○○ Civil State shall implement the procedure for the registration of ownership transfer due to the completion of the prescriptive acquisition on September 1, 1900.

(1) The phrase "3. 18. 2000. 31. 2000." and "Defendant Park JJ" in Paragraph (1) 1. A, of the purport of the claim of this case and the correction of the cause thereof, is obvious that it is a clerical error of "Defendant Park JJ".

Reasons

1. Basic facts

(a) The land division and ○○○○○○○○○○○-gun ○○○○○○○○○-gun (hereinafter referred to as ○○○○○○-gun ○○○○○○○-gun ○○○○○-gun ○○○○-gun ○○○-gun ○○○○-gun ○○○-gun ○○○ 5 square meters (hereinafter referred to as “the forest before the instant division”) shall be 2 real estate listed in the separate sheet on April 20, 190, such as 3 ○○-ri ○○ 4 square-gun 1,44,200 and 3 real estate listed in the same list, such as 190, 190, 19, 19, 19, 7, 19, 19, 3,0000 forest and fields, 4,000-7,000 forest and fields, 16,000,000).

1. 11. The above 00 square meters of 3,372 square meters of the above 00 square meters of 000 square meters of ri, 2,890 square meters of ri, ri. 482 square meters of ri. 482 forest, the above 00 square meters of ri. ri. ri. 298 square meters of ri. ri. ri. ri. ri. ri. ri. Do, and the above 00 square meters of 298 square meters of ri. 100 on March 10, 200, the above 00 ri. 8,100 square meters of ri. 10 square meters of ri. 6 real estate recorded in the same list, the above 00 square meters of ri. ri. ri. 00 forest, the above 00 forest and ri. 2,890 square meters of ri.

The same real estate as each real estate is 00 m2,190 m2, and the above 482 m2 m2 as each real estate is 7,15, and 16 m2 in the same list, and the above m2,13, and 14 m2 in the same list were divided into each real estate listed in the same list. The above m2,190 m2,190 m2,000 m2,000 m2,000 on July 18, 200 m2.

(b) Details of entry in the register;

1) As to the forest land before the instant partition on January 28, 1900, the registration of ownership preservation in the name of Song KK and the registration of ownership transfer in the name of LL arising from sale on December 30, 190, respectively.

2) As to the real estate listed in the separate sheet, the name of Defendant ○○○ on January 17, 190, the name of Defendant ○○○○○ on November 25, 1987, the name of Defendant KimA on August 25, 190, the name of Defendant B on August 25, 190, the name of Defendant YCC on September 2, 190, Defendant DaD on October 27, 190, the name of Defendant E on May 18, 200, the name of Defendant ○○○○ on September 13, 200, the name of Defendant ○○○○○○ on September 13, 200, the respective ownership transfer registration was completed in the name of Defendant Red FF on March 31, 200, and the respective right to claim ownership transfer registration was completed on March 14, 200.

3) As to each real estate listed in the separate sheet Nos. 2 through 5, 7, 9, 13, and 16, each registration of ownership transfer was completed on January 17, 1900 in the name of Defendant ○○ State.

4) As to the 6 real estate listed in the separate sheet on January 17, 190, the name of Defendant ○○○○ on January 17, 190, the registration of ownership transfer was completed in the name of Defendant DaD on October 27, 190, Defendant DaD on November 3, 200, Defendant YG’s name on November 3, 200, Defendant YG’s name on December 8, 200, and Defendant YG’s name on August 30, 200.

5) As to the 8 real estate listed in the separate sheet, the registration of ownership transfer was completed in the name of Defendant Hong FF on January 17, 190, in the name of Defendant ○○○○ on October 27, 190, in the name of Defendant DaD on November 3, 200, in the name of Defendant YG on December 8, 200, in the name of Defendant ○○○○○○ on December 8, 200, in the name of Defendant YG on August 30, 200, in the name of Defendant YG on May 15, 200, respectively.

6) As to the 10 real estate listed in the separate sheet, the name of Defendant ○○○ on January 17, 190, and the name of Defendant ○○○○ on May 18, 200, the name of Defendant E on May 18, 200, and the name of Defendant ○○○ on December 11, 200, and the name of Defendant ○○○○ on January 24, 200.

Judgment

[Reference]

In addition, possession of the property devolvingd upon the nature of the title is possession of the property devolvingd upon the nature of the title.

It shall be deemed as falling under the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 295, May 29, 1963).

According to Article 2 subparagraph 1 of the Addenda (Act No. 1346, May 29, 1963) and Article 5 of the Addenda (Act No. 163, May 29, 1964)

Since the contract of sale and purchase is not concluded, it shall be state-owned free of charge.

Property which has not been sold by such date shall become State property from January 1, 1965 and thereafter become State property.

It is possible to possess it with the intention of the owner, but it is from that time of possession.

Does not be converted from the possession of the owner to the possession of the owner, but in this case whether the owner is the owner or not.

In accordance with the nature of title which has caused the acquisition of possession or all circumstances related to the possession;

A decision should be made on an enemy and objective basis (see, e.g., Supreme Court Decision 2012Da2187, Apr. 26, 2012).

As to the instant case, even if based on the Plaintiff’s assertion itself, the forest before the instant partition is made

On August 9, 190, 1900. 8. 9, in property owned by Japan, the net ParkN is its acquisitor.

(1) If there is no assertion or proof that a person was released from the ownership on the ground of the fact that he/she received the cancellation of ownership, the property devolving upon

In addition, the acquisition that can be viewed as possession independently after January 1, 1965 by the deceased ParkN or the plaintiff.

There is no particular assertion or proof as to the source of title, and there is no real estate in attached Form 1.

Since possession is deemed as possession of a third party, the plaintiff's claim as to this part as to the remainder of the claim.

Furthermore, there is no reason to view.

4. Conclusion

If so, Defendant KimA, this BB, ParkCC, teaD, EE, redF, ParkG,

Each action against Gyeong-man and II Corporation shall be dismissed in entirety, and the plaintiff's defendant ○○ Office shall be dismissed.

One claim is dismissed in entirety, and it is so decided as per Disposition.

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