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(영문) 대법원 2014.11.13 2011다84731
소유권이전등기
Text

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Since the title holder of land under the former Decree on Land Investigation (Ordinance No. 2 of August 13, 1912, 1912) acquired the relevant land at the time of expiration of the prescription period, if at least the land investigation division was prepared and circumstances were made to the Gun, he/she or his/her heir would become the title holder of the relevant land. Therefore, even if the State treated it as unregistered real estate and completed the registration as State property through the procedures under the State Property Act and subordinate statutes, even if the State, it does not belong to the State. Meanwhile, the presumption of ownership preservation does not change if there is a separate person from the assessed land, and if the registered titleholder does not specifically prove the fact of acquisition by succession, the registration is void, and a request for ownership transfer registration on the ground of the completion of the prescription period is filed against the owner at the time of the expiration of the prescription period, and thus, if the ownership preservation registration or transfer registration becomes void at the time of expiration of the prescription period, in principle, the title holder cannot become the other party to the request for ownership transfer registration on the ground of ownership registration.

(See Supreme Court Decision 96Da53420 Decided April 25, 1997, and Supreme Court Decision 2010Da13817 Decided May 27, 2010, etc.). According to the reasoning of the lower judgment, the Plaintiff’s mother A (hereinafter “the deceased”) occupied each of the instant land for at least 20 years from January 1, 1960, and E was assessed against each of the instant land; thereafter, E was subject to the assessment of each of the instant land; thereafter, with respect to the land of Gyeonggi-gunF on November 7, 1986; and each of the remaining lands on March 12, 1996, each registration of preservation of ownership under the Defendant’s name.

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