Whether a plaintiff who asserts that he/she was unable to obtain the sale property may file a claim for the registration of ownership transfer against the State.

Unless special circumstances exist, the State is obligated to implement the registration procedure for transfer of ownership on the instant land by reason of the realization of prescriptive acquisition.

Article 115 of the Civil Act

2015da7835 Registration of transfer of ownership

AA

Korea

December 9, 2015

January 13, 2016

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant caused the restoration of the authentic title.

The procedure for the registration of ownership transfer is implemented.

2. The costs of the lawsuit are assessed against the defendant.

Cheong-gu Office

On April 20, 2015, the defendant will implement the registration procedure for transfer of ownership on April 20, 2015 with respect to each real estate listed in the separate sheet (hereinafter referred to as "each land of this case") to the plaintiff.

1. Facts of recognition;

A. The network BB began to occupy and use each of the instant lands from around 1950, and around 1956, upon receiving the purchase price from the networkCC, and requested the purchase of each of the instant lands, which is the property devolving upon its own possession. However, the network CCC made the purchase price for each of the instant lands under its own name and completed the registration of ownership transfer on September 29, 1956 by DD, EE, and FF, the heir of the networkCC, the purchase price for each of the instant lands, and the heir of the networkCC.

B. The deceased BB filed a lawsuit against DD, EE, and FF, the heir of the above network CCC, seeking implementation of the procedure for registration of cancellation of ownership transfer as to each of the instant lands. On January 20, 1998, the deceased BB accepted the above claim by the Daegu District Court 97Kadan000 on June 25, 1998. Accordingly, on June 25, 1998, the registration of ownership transfer as to each of the instant lands by the above inheritors was cancelled.

C. The network BB died on June 14, 199, and the Plaintiff, one of the heirs of the network BB, succeeded to the right to each of the instant lands solely by mutual agreement among heirs, and is occupying and using each of the instant lands until now.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 5 and the purport of the whole pleadings

2. Determination

According to the above facts, the act of selling the land belonging to the government agency is an administrative disposition and its ownership is automatically transferred to the purchaser without requiring registration if the purchaser pays the purchase price in full (see, e.g., Supreme Court Decision 89Meu14998, May 25, 190). Thus, it is presumed that the Plaintiff acquired possession of each of the above land by comprehensively transferring the ownership of the above land of the deceased BB until now, and that the Plaintiff occupied it in peace and openly and openly with intent to own it. Thus, it is reasonable to view that 20 years have passed since the date the deceased BB commenced possession and the date the deceased CCC became the owner of the above land, the Plaintiff is obligated to obtain the ownership transfer registration claim based on the completion of the prescription period for ownership transfer registration for each of the above land from the deceased CCC’s heir, DDF’s right to claim ownership transfer registration for each of the above land, and the Defendant is obligated to claim ownership transfer registration for each of the above land as the owner of each of the above land.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.