beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Busan Shipping Daegu B, Busan, was owned by the deceased C (hereinafter “the deceased”). The registration of ownership transfer was completed on October 8, 1950 on the ground of sale and purchase on June 9, 1949, the deceased’s death.
B. On April 14, 1987, the above land was merged into the 278 square meters of Busan Shipping Daegu (hereinafter “instant land”). The Defendant completed the registration of ownership transfer with respect to the instant land on the grounds of the exchange on December 5, 1995, and the Defendant started a compartmentalization and rearrangement project on July 6, 2005, and completed a disposition of replotting on March 9, 2006, and closed the land cadastre of the instant land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers in case of additional numbers; hereinafter the same shall apply), the purport of whole pleadings
2. Determination
A. Although the ownership transfer registration filed under the name of the Republic of Korea and the defendant prior to the death of the owner of the ownership transfer registration of the instant land after filing an application for registration, if the predecessor is living in the case where the inheritance of the person liable for registration commences while the relevant registration does not apply for registration, the registration he/she applied for, or the public official received the application for registration and completed the registration before the completion of the registration, it cannot be deemed as the registration invalidation, and there is no room to acknowledge the presumption of such registration.
(see, e.g., Supreme Court Decisions 2003Da3157, Sept. 3, 2004; 2007Da82028, Apr. 10, 2008). According to the facts acknowledged earlier, the Republic of Korea completed the registration of ownership transfer of the instant land by means of sale on October 14, 1950. The deceased completed the registration of ownership transfer on the ground of sale on October 14, 1950. The deceased for more than one year prior to June 9, 1949.