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(영문) 창원지방법원 2020.01.17 2019나56262
소유권이전등기청구 등
Text

1. The judgment of the court of first instance is modified as follows.

All of the instant lawsuits are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. According to the land cadastre as to the instant land (hereinafter “instant land cadastre”), the instant land was assessed against Defendant B on October 9, 1911.

B. The land of this case is not currently recorded in the registry.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 and 3 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion was completed on May 11, 1986, on the ground that the Plaintiff purchased the instant land from a guest D with the intention of owning it for twenty (20) years, and occupied the instant land in peace and openly. As such, the prescriptive acquisition on May 11, 2006, which was twenty (20) years thereafter, was completed.

Therefore, in order to file for the registration of ownership transfer based on the completion of the prescription period for possession in the future of the Plaintiff with respect to the land of this case for which the register is not recorded, the Plaintiff seeks implementation of the procedure for the registration of ownership transfer based on the completion of the prescription period as of May 11, 2006 against the Defendant Republic of Korea on the premise that the title holder on the land of this case is not specified as Defendant B, and the ownership transfer based on the completion of the prescription period as of May 11, 2006 against Defendant B, under the premise that the title holder on the land of this case is specified as Defendant B as Defendant B, the confirmation of Defendant B’s ownership on the land of this case and the completion of the prescription period as of May 11, 206, respectively.

3. In the case of omission of part of the entry of the owner in the ex officio determination of the lawfulness of the instant lawsuit, an application for registration of preservation of ownership based on the land cadastre cannot be filed, because the identity of the registrant is unknown. The creditor of the landowner on the land cadastre cannot correct the registered matters on the land cadastre by subrogation of the landowner. Thus, the creditor of the landowner on the land cadastre cannot apply for registration of preservation of ownership.

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