1. The Plaintiff:

A. As to Defendant B’s “450/675 shares out of 1633m2, 163m2, Chungcheongnam-gun, Chungcheongnam-gun, Daejeon District Court.”

Facts of recognition

“The instant land” (hereinafter “instant land”) had originally been registered as transfer of ownership under the name of the network D on January 22, 1963. However, on January 26, 2018, the joint heir’s name, such as E, etc. was changed due to inheritance, and E’s share was sold by compulsory auction and transferred to F and G on July 16, 2018.

The Plaintiff purchased the entire land of this case in an auction procedure for dividing jointly-owned property upon the request of F and G (Sgu District Court Seosan Branch H) and completed the registration of transfer of ownership in the name of the Plaintiff on August 7, 2020.

On August 22, 1995, Defendant B completed the registration of the right to request the transfer of ownership recorded in the order that the Defendant as the right holder on August 24, 1995 (hereinafter “provisional registration of this case”).

On January 23, 2014, the Defendant Republic of Korea completed the registration of seizure of the rights (right to claim the transfer of ownership) under the provisional registration of this case by Defendant B on January 24, 2014.

Defendant B had completed the provisional registration of this case for the purpose of preserving property according to the intention of the network D without doing any legal act that forms the basis for the claim for transfer of ownership, such as gift, sale, etc.

On the other hand, in a lawsuit between I Co., Ltd and the Defendants, registration to change the shares of Defendant B, which is the object of the provisional registration of this case, to 450/675, was completed on February 9, 2018, pursuant to the decision of recommending reconciliation that was finalized to cancel part of the provisional registration of this case (the part as to the share of 225/675, out of the land of this case) (the Seosan Branch of Daejeon District Court 2016, Seosan Branch, 5570).

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 1 and 2, and the purport of the whole pleadings, the above facts are examined. The defendant Eul's right to claim the transfer of ownership to the network D, which is a right under the provisional registration of this case, does not exist, or the period of exclusion from 10 years from August 22, 1995, which is the date of reservation for sale under the grounds for registration.