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(영문) 창원지방법원 2016.08.25 2014가단85813
소유권이전등기
Text

1. The plaintiff's action against the defendant is dismissed.

2. Defendant F, Defendant G, and Defendant H are one of the area of 79 square meters in Kimhae-si.

Reasons

1. On January 31, 1955, J, as the Plaintiff’s claim, sold to the Dong K on November 17, 1965, the real estate of this case was occupied by the deceased K thereafter.

Around December 19, 2005, the instant land was donated to the Defendant.

On November 18, 1985, the acquisition by prescription of possession was completed.

With respect to the real estate of this case, on September 11, 1948, the registration of transfer of ownership to the defendant Republic of Korea was completed on January 26, 1970 on the ground of the reversion of rights.

Accordingly, in order to preserve the claim for ownership transfer registration based on the completion of the prescription period for the acquisition of possession of the instant real estate by subrogation of the Defendants, other than the Defendant Republic of Korea, other than the Defendant Republic of Korea, who has the inheritance shares in the attached form as the heir in J, the Plaintiff seeks implementation of the procedure for ownership transfer registration based on the restoration of the real name by subrogation of the Defendants except the Defendant Republic of Korea.

2. Judgment on deemed confessions made against Defendant F, G, and H (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. The evidence submitted by the Plaintiff, including each of the testimony of the Plaintiff, including Defendant B, Defendant C, Defendant D, and Defendant E, is insufficient to acknowledge the fact that the deceased K occupied the instant real estate since November 17, 1965, and there is no other evidence to prove otherwise.

Therefore, the Plaintiff’s assertion against the above Defendants is rejected.

4. In the case of a creditor subrogation lawsuit seeking a judgment on a claim against the defendant in the Republic of Korea, where the right of the creditor to be preserved by subrogation is not recognized, the subrogation lawsuit may be dismissed in an unlawful manner, as the creditor becomes the plaintiff himself/herself and becomes a party to the claim against the third debtor.

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