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(영문) 전주지방법원 2020.10.30 2019가단8384
소유권이전등기등
Text

Of the instant lawsuit, the part of the claim against the Defendant Republic of Korea is dismissed.

The plaintiff's claim against the defendant B.

Reasons

1. The plaintiff's assertion

A. The instant land is unregistered, and the land cadastre indicated by Defendant B as being examined on June 30, 1914.

However, the land cadastre is only written in the name (B) of the defendant B, and there is no personal information such as his address.

Therefore, Defendant B may seek confirmation of ownership of the instant land against Defendant Republic of Korea.

B. The Plaintiff’s deceased father D (Death on August 18, 1975) donated the instant land to E, who was the spouse, after purchasing the instant land and cultivating crops. The Plaintiff donated the instant land to E on August 18, 1984, and cultivated the crops.

On June 24, 2010, the Plaintiff: (a) as a director of Gyeonggi-do in 1985, had E cultivate the instant land; and (b) had E cultivate the instant land after the death of June 24, 2010.

As above, the Plaintiff occupied the instant land in a peaceful manner with the intent to own it for 20 years from January 1, 1985, and thus, the prescription period for possession was completed on January 1, 2005.

Therefore, Defendant B is obligated to implement the registration procedure for ownership transfer on the ground of completion of prescriptive acquisition.

C. The plaintiff seeks confirmation of ownership against the defendant Republic of Korea in subrogation of the defendant B in order to promote the health of the right to claim ownership transfer registration against the defendant B.

2. It is not sufficient to recognize that the entries in Gap evidence 4-1 to Gap evidence 6-2 as to the claim against the defendant Eul alone occupied the land of this case through E and F for 20 years from January 1, 1985, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. Where there exists any person who has registered as an owner in the registry, land cadastre, or forest land cadastre with respect to a claim against the defendant in the judgment of claim against the Republic of Korea, the relevant real estate preservation registration shall be applied in a lawsuit against the nominal owner.

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