Since the acquisition by breaking the provisions of Article 7 of the State Property Act is null and void as a matter of course, there is ownership to the State.

Since the acquisition by breaking the provisions of Article 7 of the State Property Act is null and void as a matter of course, there is ownership to the State.

Article 7 of the State Property Act

Gwangju District Court Magpo-2013-Ga-5274 ( October 18, 2014)

Korea

ParkA and six others

on October 02, 2014

on 18, 2014

1. As to the Plaintiff, with respect to the size of 456 square meters prior to OO-O in O-O, O-O:

A. Defendant Park Jong-A implements the procedure for ownership transfer registration on the ground of the restoration of the true name; and

B. The registration of establishment of a neighboring establishment that was completed by the Receiving OOOOOO on August 1, 1991 of this Court

The registration procedure for cancellation shall be implemented.

2. The Plaintiff’s respective claims against Defendant KimA, PriorA, PriorB, PriorCC, and PriorD shall be dismissed.

3. The costs of lawsuit shall be borne by each person;

Paragraph 1 of this Article and Defendant KimA shall, with respect to the share of 3/11 of the immovable property described, be subject to

PB, PCC, and PD, with respect to each of their respective shares of 2/11, the registration of the transfer of the ownership by the defendant Park Jong-A.

The intention of each acceptance shall be expressed in implementing the procedures.

1. Indication of claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

ParkA, SongA: Article 208(3)2 of the Civil Procedure Act (a judgment made on the basis of the deeming that the case is one);

3. Part of rejection

As in this case, the title of petition is replaced by the cancellation registration of any invalid cause under the Registration of Real Estate Act.

Where the registration of ownership transfer due to recovery is made, a third party with interest in the registration.

Even if his consent is not required (in case of an application for cancellation, the Registration of Real Estate Act);

Pursuant to Article 57(1), a written consent of the above third party with respect to cancellation or a certified copy of the court decision against the said third party shall be attached, but the same shall not apply to the application for registration of transfer on the ground of the restoration of the true name), the plaintiff as the plaintiff, who is the provisional attachment creditor of the defendant Park Ge-A (LG heir).

PAA, PB, PCC, and PD (he heir of PP) for registration of transfer of ownership against PAA, PB, PP

There is no interest in seeking acceptance (Provided, That the plaintiff has a status as an interested party subrogated to the defendant Park Jong-A.)

It will be possible to seek the revocation of provisional attachment decision by the court of civil execution.

Therefore, this part of the lawsuit is unlawful because there is no benefit in the protection of rights.