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(영문) 창원지방법원 진주지원 2018.02.08 2017가단35041
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The instant land is based on the circumstances of D, the address of which was located inHadong-gun Cri on October 8, 1913, and is currently unregistered.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the land of this case occupied the Plaintiff’s view, i.e., the Plaintiff’s view E and the network F, etc. in the 1890s or the 1930s in a peaceful and public performance.

Since October 11, 1971, the netF died, the Plaintiff occupied the instant land in a peaceful and public performance manner with the intent to own it.

Since the deceased D died and there is no inheritor, the land in this case is presumed to be owned by the defendant around October 11, 1991 when the plaintiff completed the prescription period for the acquisition of possession.

The defendant is obligated to implement the procedure for ownership transfer registration against the plaintiff as the owner of the land in this case on the ground of the completion of prescription for possession.

3. Determination

(a) To file a claim for the registration of ownership transfer on the ground of completion of prescriptive acquisition for land, it shall be filed against the owner at the time of completion of prescription

Land assessed in the name of a specific person shall be presumed to be owned by the interested person or his/her heir, except in extenuating circumstances, and it shall not be known whether the land owner is missing.

Even if it is proved that he dies and there is no inheritor, or as long as the procedures for reversion of the land to the State under Articles 1053 through 1058 of the Civil Act are not carried out, such land shall not be immediately carried out and owned by the State, and as long as it does not belong to the State, it shall not belong to the State.

not owned by the State.

(See Supreme Court Decision 98Da59132 delivered on February 23, 1999). B.

The plaintiff asserts that the deceased D died without the heir.

However, according to the Plaintiff’s assertion, the grave was installed after the death of the deceased. In light of this, the Plaintiff submitted.

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