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(영문) 제주지방법원 2017.10.10 2016가단54062
소유권확인
Text

1. Defendant B traded the Plaintiff on April 30, 2015 with respect to the land size of C cemetery 261 square meters and D cemetery 92 square meters in Jeju-si, Jeju-si.

Reasons

1. Basic facts

A. In Jeju-si, C cemetery 261 square meters and D cemetery 92 square meters (hereinafter collectively referred to as “each of the instant graveyards”) were examined in the name of “F” with an address in “E” on September 27, 1913, and the present state of non-registration.

B. The Defendant B’s wife, who had his permanent domicile in Jeju City, was I, and H died on April 10, 1927 and I succeeded to Australia on April 15, 1927, and I died on August 8, 1946.

C. On April 30, 2015, the Plaintiff purchased each of the instant graveyards from Defendant B for KRW 8 million.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 7, 10, 11 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to implement the registration procedure for transfer of ownership on April 30, 2015 with respect to each of the instant graveyards to the Plaintiff.

3. Determination on the claim against Defendant Republic of Korea

A. 1) The summary of this part of the main defense of this case is determined as F on the land cadastre, and the defendant Republic of Korea does not dispute that each cemetery of this case is F ownership. As such, the F or his heir, the owner of each cemetery of this case, can complete the registration of preservation of ownership after completing the registration of address on the land cadastre. Thus, in light of Article 130 of the Registration of Real Estate Act, if it cannot be proved that the ownership is the owner by a certified copy of the land cadastre or a certified copy of the forestry register in the registration of preservation of ownership of real estate, the claim for this part of this case is not the interest of confirmation. 2) In light of Article 130 of the Registration of Real Estate Act, if the ownership cannot be proved by the certified copy of the land cadastre or the certified copy of the forestry register, the registration of preservation of ownership shall be conducted by the judgment, and if the state agency, the competent

(See Supreme Court Decision 9Da34390 delivered on July 10, 2001). In light of the above legal principles, the health unit and the instant case are health units.

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