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1. Defendant Republic of Korea confirms that the 5,299 square meters of a cemetery C in Gyeongnam-gun was owned by Defendant B.
2. The defendant B.
Reasons
1. Basic facts
A. In the land cadastre of the land as indicated in paragraph (1) of this Article (hereinafter “instant land”), Defendant B indicated that the instant land was assessed on September 16, 1912, and the address and resident registration number of Defendant B were not indicated.
B. The Plaintiff owned the land adjacent to the instant land, except for the land adjacent to the Gyeongnam-gun.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings
2. The assertion and judgment
A. In full view of the Plaintiff’s statement No. 2, witness E’s testimony and the purport of the entire argument, the land in this case begins with the Plaintiff’s possession for a long time, and since 1989, the Plaintiff’s father occupied the land in this case from around 1989, and the Plaintiff was growing landscaped trees on the land in this case for several years, and the Plaintiff’s land assessment was conducted by Defendant B, and the Plaintiff’s father is presumed to have occupied the land in this case’s peace and public performance.
According to the above facts, the plaintiff can assert the completion of the prescriptive acquisition by applying the time of voluntary commencement as the starting point of starting the prescriptive acquisition. Thus, the defendant B is obligated to implement the registration procedure for transfer of ownership on January 1, 2010 for the land of this case to the plaintiff.
B. In addition, in a case where part of the indication of owners on the land cadastre of unregistered land is omitted and it is impossible to specify the owner on the register, the owner cannot make the registration of ownership preservation by the ledger, and there is a benefit to seek confirmation on the ownership of the land against the State for the registration of ownership preservation.
(See Supreme Court Decision 9Da34390 delivered on July 10, 2001, etc.). Therefore, in order to preserve the right to claim for the transfer registration of ownership against Defendant B, the Plaintiff’s land in this case to the Defendant Republic of Korea.