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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. The Plaintiff’s prior-use possession and purchase of B large 364 square meters (hereinafter “instant land”) in 1978, the Plaintiff’s prior-use possession and use of B large 364 square meters (hereinafter “instant land”). From June 30, 1994, as C’s health aggravation, the Plaintiff’s succession to the said possession led to the completion of the prescriptive acquisition by occupying the said real estate in a peaceful and public performance with the intent to own the said real estate for at least 20 years from
However, the land of this case is unregistered and indicated as being the land cadastred around May 27, 191 as it was indicated that D had been examined around May 27, 191. Thus, since there is no owner under the State Property Management Act or a property for which the owner cannot be identified is reverted to the State property, the land of this case is unregistered real estate for which the owner is absent or the owner cannot be identified, and thus, it shall be deemed as the state property belonging to the State under the State Property Management Act. Accordingly, the defendant is obligated to confirm the ownership of the land of this case and register the ownership thereof
2. Determination
(a) The land adjudicated in the name of a specific person shall, unless there are any special circumstances, be presumed to be owned by the person under consideration or his/her heir, and it shall not be known whether the land owner is missing and thus
Even if it is proved that he dies and there is no inheritor, or if the procedure for reversion of the land to the State under Articles 1053 through 1058 of the Civil Act is not carried out, the land shall be immediately carried out, and it shall not belong to the State, and it shall not belong to the State, and it shall be registered as State property by undergoing the procedure for disposal of non-owned real estate under Article 8
not owned by the State.
(see, e.g., Supreme Court Decision 98Da59132, Feb. 23, 1999). In addition, in order to file a claim for the registration of ownership transfer on the ground of completion of the prescriptive acquisition of land, a claim for the registration of ownership transfer should be filed against the owner at the time of completion of the statute of limitations (see, e.g., Supreme Court Decision 96Da53420, Apr. 25,