1. Whether requests for the registration of transfer of ownership in the land incorporated into the river area, and those for cancellation thereof are permitted;

2. Benefits from confirming and confirming a claim for registration or a claim for compensation against a person who is not a person liable for registration or a person liable for compensation under the River Act;

1. Since the registration form for the personal possession of the land incorporated within the river area is stipulated in order to be closed, a request for the registration of transfer of ownership against the title holder of the land or his successor, or a request for the registration of cancellation thereof, does not have any benefit in the protection of legal rights;

2. A claim for the confirmation of existence of a claim for ownership transfer registration against a third party who is not a person liable for ownership transfer registration, or a claim for the confirmation of existence of a claim for compensation against a third party who is not a person liable for

Articles 226 and 228 of the Civil Procedure Act, Article 2 of the River Act

1. Supreme Court Decision 4292No224 delivered on July 21, 1960 (Article 228(13)42 of the Civil Procedure Act), Supreme Court Decision 4293No765 delivered on November 9, 1961 (Article 101(1) 296 Ka6830 of the Registration of Real Estate Act)

Gangwon High Court Decision 13 others

School juristic person and nine others;

1. All of the lawsuit of this case against the remaining Defendants except the Defendant Educational Institute of Mental Research is dismissed.

2. The mental health institute of the Defendant educational foundation shall implement each procedure for the registration of ownership transfer on the ground of donation on December 19, 1963 with respect to shares in inheritance listed in the separate sheet No. 2, among shares in the 5,000 shares in the 34,219-34,219-34, 219, 5,000 shares in the detailed drawings of the Cheongnam-gun, Chungcheongnam-do.

3. Of the costs of lawsuit, the part arising between the Plaintiffs and the Defendants, other than the same Defendant, and the Plaintiff and the Plaintiff and the Plaintiff, are assessed against each of the Plaintiffs.

In the first place, the Defendants except for the judgment as referred to in Paragraph (2) of the Disposition No. 2 and the Defendant School Foundation’s Mental Research Institute shall implement the registration procedure for transfer of ownership on the ground of termination of trust on the date of delivery of a copy of the attached Table No. 1, which is the case with respect to each share in the attached Table No. 1 in the 34,219, Cheongnam-do, Cheongnam-do

The court costs are assessed against the Defendants, and the remaining Defendants, other than the Institute of Mental Research of Defendant Educational Foundation, will perform the procedure for the cancellation of the registration of the transfer of shares, which was made under No. 14563 on December 31, 1974, with respect to each share stated in the separate sheet No. 1 among the above real estate, to the Plaintiffs.

The plaintiffs confirm that the portion 16,529 square meters on the ship, which was successively connected to each point of 16,529 square meters in attached Table 2 attached hereto, among the 27,319 square meters in the 34,219 square meters in the Cheongnam-gun, Chungcheongnam-do, the Cheongnam-do, the Cheongnam-do Office of Mental Research, which was donated by the defendant educational foundation to the defendant educational foundation on December 19, 1963, is a donee who succeeded to each of the shares listed in attached Table 2.

As to the above 16,529 square meters to the plaintiffs, it is argued that there exists a claim for compensation under the River Act according to the above ratio of shares.

1. Determination on the claim against the Defendant Educational Institute of Mental Sciences

The plaintiffs, on December 19, 1963, donated 5,000 shares (attached Form 1,22, 34,219, 34,219, prior to 34,219, prior to 200, prior to 34,219, prior to 34,219, to Non-Party 1, the Seoul Special Self-Governing Province of the Republic of Korea (attached Form 1,22, 3, 4, 56, 6, 7, 7, 5, and 5,00,00, connecting each point of 1), to Non-Party 1, the above non-party asserted that the plaintiffs succeeded to the shares in Attached List 2, which was after being summoned by public notice, the above defendant did not appear at the date of pleading, but did not clearly dispute the above alleged facts because he did not submit a reply and other preparatory documents. Therefore, it shall be deemed that the above defendant led to

Thus, the above defendant is obligated to implement the registration procedure for transfer of ownership on December 19, 1963 with respect to each share listed in the separate sheet No. 2 out of 5,000 shares of the above land among the 34,219 shares of the above land.

2. Determination as to the claims against the Defendants other than the Private Teaching Institutes of Defendant School.

On December 19, 1963, the plaintiffs, around 34,219, donated the above 5,00 shares among the above 34,219 to the deceased Cho Jong-gu, the inheritee, the inheritee, and transferred only the remainder of the shares in possession to three third parties, such as Kim Jong-sung and Kim Jong-sung, but the transfer registration was made with respect to the above 34,219 shares, which were donated by the above defendant and the above 34,219 shares. The above Kim Jong-sung died on July 10, 1984, and the purport of the above registration of the transfer is to confirm that the above 90 shares were transferred to the above 19,00 shares in the River Act, and the transfer registration of the above 19,00 shares was made by the defendant to the above 10,000 shares in the above 19,000 shares in the River Act, and it appears that the above 19,000 shares in the above 19,000 shares in the previous River Act were transferred to the above 106.

On the other hand, the above 34,219 is excluded from the scope of Article 2 (1) 2 (c) of the River Act, and there is no dispute between the parties (excluding the school juristic person’s mental institute) as to the fact that the above 34,219 is incorporated into a river area. Thus, since the above land is a state-owned property pursuant to the River Act, the registration form for the above land is in the name of defendant Kim Jong-sung, Kim Jong-tae, Kim Jong-tae, and Kim Sung-sung. Thus, the above claim for the registration of transfer or cancellation of ownership transfer against the owner of the above land or his successor does not have a benefit of legal protection (see Supreme Court Decision 4293Da765, Nov. 9, 1961). Further, since the lawsuit for confirmation is not a dispute over the present existence of rights or legal relations, it is appropriate to determine the registration of transfer to the above land by judgment to remove the plaintiff’s legal position or unstable status, the plaintiffs are not the parties who have the right to claim the ownership transfer transfer registration against the above land.

3.In conclusion

Therefore, the plaintiffs' lawsuit of this case against the remaining defendants except the defendant school foundation of the Republic of Korea is dismissed in entirety as unlawful. The main claim against the defendant school foundation of the Republic of Korea is accepted as reasonable. It is so decided as per Disposition by the application of Articles 89 and 93 of the Civil Procedure Act to the burden of litigation costs.

Judges Choi Jong-young (Presiding Judge)