logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.02.28 2017가단106244
소유권확인 등
Text

1. Of the instant lawsuit, the lawsuit against the Defendant Republic of Korea shall be dismissed.

2. The plaintiff against the defendant B.

Reasons

1. The plaintiff's assertion

A. A. On April 9, 191, C Co., Ltd. (hereinafter “Nonindicted Company”) obtained quarrying permission for gathering earth and rocks and the disposal of the products thereof (hereinafter “instant project”) from Madsan-gun, Madsan-gun, and purchased most neighboring land for the said project and used them as the land subject to the collection of earth and rocks and the access road and the product processing site, etc. along with the real estate indicated in the separate sheet (hereinafter “instant land”).

B. Around November 6, 2007, Nonparty Company decided to transfer all the rights to the instant project and the land subject thereto to the Plaintiff, and received a report on the change of the collection of earth and rocks that changed the name of the person who obtained permission in the Plaintiff’s future, and transferred all the land subject to the report to the Plaintiff and the Plaintiff’s representative director E, respectively.

C. The land of this case is located within the land subject to the project of this case, and its land category is the same as that of the Plaintiff after the non-party company occupied and used the access road to the project of this case and the product processing site, etc.

Therefore, since the acquisition by prescription was completed on April 9, 201 after the lapse of 20 years from April 9, 1991 when the non-party company commenced possession, Defendant B, the owner of the instant land, is obligated to implement the procedure for the registration of transfer of ownership due to the acquisition by prescription to the Plaintiff.

E. In addition, Defendant B cannot complete the registration of initial ownership by the ledger because some omission exists in the indication of land cadastre owner. In this case, the Plaintiff has the interest to seek confirmation of ownership ownership of Defendant B against the Republic of Korea by subrogation of Defendant B.

2. Determination on the legitimacy of the part of the lawsuit against the defendant's Republic of Korea

A. In a case where the obligee’s right to the obligor to be preserved by subrogation in the first obligee subrogation lawsuit, such as legal doctrine, is not recognized, the obligee himself/herself becomes the Plaintiff and exercises the obligor’s right to the third obligor.

arrow