beta
Text
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 and 2 (including additional numbers), the instant land was registered as its owner on July 10, 1912, and was registered as its owner on the land cadastre on April 21, 1924. D, in the future of D, July 20, 1937, E, January 28, 1938, F, April 4, 1949, and the co-inheritors died on January 3, 2019, agreed that Eul, one of the co-inheritors, shall own the instant land solely.
2. Determination
A. The claim for confirmation of land ownership against the judged state with regard to the primary claim is only when the land is unregistered and its registrant is unknown on the land cadastre or the forest land cadastre, or when the registrant is unknown, and when the State denies the ownership of a third party, which is the registered titleholder, and there is a benefit in confirmation only when there are special circumstances, such as the State continuously asserting the ownership.
(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, etc.). In addition, registration of preservation of ownership may apply by a certified copy of the land cadastre or forest land cadastre (Article 130 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership (Article 130 subparag. 2 of the Registration of Real Estate Act), a person who acquired ownership through expropriation (Article 130 subparag. 3 of the same Act) by a judgment, and a person who proves that he/she was registered as the owner in his/her own or his/her predecessor’s register by a certified copy of the land cadastre or forest land cadastre, and a person who was registered as the first owner in the register and a person who comprehensively succeeds to the registration of ownership transfer on the register.
Even if the transfer of ownership can not be said to have acquired ownership under the current civil law, which takes the form of the change in real rights, and therefore the person who has received the transfer of ownership on the register is in the future