Text
1. Defendant B completed the acquisition by prescription on December 31, 1984 with respect to the land size of 466 square meters in the Haan-gun, Gyeongnam-gun, Gyeongnam-gun, the Plaintiff.
Reasons
1. Basic facts
A. The real estate stated in paragraph (1) of this case (hereinafter “instant land”) is unregistered land. The land cadastre (hereinafter “instant land cadastre”) is indicated as the assessment of the instant land on October 1, 1914 as the network D with the address in Haan-gun, Haan-gun, Haan-gun, Haan-gun.
B. The above network D died on June 13, 1946, and Defendant B, a child of the above network D, succeeded to the above network D’s property.
C. Meanwhile, from January 1, 1965, the Plaintiff occupied and used the instant land from around January 1, 1965 to the present date.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 4, the witness F, the testimony of G, and the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. Claim for the performance of the procedure for the transfer registration of ownership due to the completion of the prescription period on December 31, 1984 on the land of this case, indicating the claim
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. Determination on the Plaintiff’s claim against the Defendant Republic of Korea
A. The plaintiff's assertion 1 of the parties' assertion purchased the land of this case from the deceased H from January 1, 1965, and occupied and used the land of this case in a peaceful and public manner with the intent to own the land of this case from January 1, 1965 to December 31, 1984, the period of prescription for the plaintiff's possession of the land of this case has expired as of December 31, 1984.
However, in order for the Plaintiff to complete the registration of ownership transfer on the instant land, he/she shall file an application for registration of ownership preservation on the instant land by subrogation of the Defendant who succeeded to the instant land from the network D. The instant land cadastre does not contain the specific address and personal information of the networkD, and it is impossible to register the ownership preservation solely on the land cadastre of this case.
Therefore, the plaintiff sought confirmation of the ownership of the land in this case against the defendant Republic of Korea, and against the defendant B, this case.