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(영문) 대구지방법원경주지원 2020.07.07 2019가단14694
소유권이전등기
Text

1. Defendant Republic of Korea shall attach the remainder of the Defendants, excluding Defendant Republic of Korea, with the area of 532 square meters N on a racing-si road.

Reasons

Basic Facts

In the name of “O” on August 10, 1912, the N 532 square meters (hereinafter “instant land”) was unregistered land, and the address of “O” on its land cadastre was not indicated.

On December 20, 1958, the land category was changed from the entire land category to the road. On February 5, 1963, it was designated as the Class-I national highway on August 31, 197, and the Plaintiff managed the road to which the land belongs as the managing authority of the Class-I national highways or national highways within his jurisdiction.

Meanwhile, the Defendants other than Defendant Republic of Korea (hereinafter “the remainder Defendants”) died on September 20, 1961, and their inheritors inherited in succession each of the corresponding shares in the separate sheet “final Inheritance Shares” (hereinafter “each of the instant shares”).

[Ground of recognition] The plaintiff asserted facts without dispute, Gap evidence Nos. 1, 2, 5 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings, since February 5, 1963 designated as Class 1 national highways, the plaintiff occupied the land of this case by intention to own it for more than 20 years, so the acquisition by prescription of possession was completed on February 5, 1983.

Since P, the remaining Defendants, as the same person with O, the title holder of the land of this case, succeeds to P which originally acquired the land of this case in succession, and currently owns the land of this case, the remaining Defendants are obligated to implement the procedure for the registration of transfer of ownership on February 5, 1983 with respect to each of the relevant shares.

As the instant land is unregistered, registration of preservation of ownership is immediately made because the address of the titleholder is not indicated on the registry.

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