1. Defendant B’s donation was made on September 1, 2013 with respect to the Plaintiff’s 79 square meters of the C cemetery in Jeju-si.

1. Basic facts

A. In Jeju-si, C cemetery 79 square meters (hereinafter “instant land”) was registered only on the land cadastre that was unregistered on August 15, 1913, and registered only on the land cadastre. The owner’s column for the land cadastre became a blank.

B. Defendant B’s fleet E died on December 4, 1913, and the F succeeded to the property of Defendant B as Australia. The F’s permanent domicile and the place of death are the G in Jeju, and Defendant B’s H birth guidance is the place of birth.

The F died on May 20, 1938, and the F has already died on July 20, 1936 and Defendant B solely succeeded to the F’s property.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, evidence 7-1, 2, 10, 11, 19-1, and the purport of the whole pleadings.

2. In determining the claim against Defendant B, Defendant B owned the instant land under the assessment of the land, and the said Defendant succeeded to the instant land in sequential order, and the fact that the said Defendant donated the instant land to the Plaintiff on September 1, 2013 by the said Defendant is recognized pursuant to Articles 208(3)2 and 150(3) of the Civil Procedure Act. As such, the said Defendant is obligated to implement the procedure for the registration of transfer of ownership based on donation on September 1, 2013 with respect to the instant land.

3. Determination on the claim against Defendant Republic of Korea

A. The Plaintiff’s assertion that Defendant B’s fleet E had original acquisition of the instant land upon the assessment of the instant land. Defendant B inherited the instant land that was unregistered, and donated it to the Plaintiff. Since the Republic of Korea denied that Defendant D and Defendant B’s fleet are the same person, Defendant Republic of Korea seeks confirmation that the ownership of the instant land was against Defendant B.

B. Determination 1: Defendant B’s fleet E and D’s name, the assessment name of the instant land, as seen earlier, are identical to each other; and evidence Nos. 19-2 and 20-2.