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1. Defendant Republic of Korea: (a) among the real estate listed in paragraph (1) of the attached Table Nos. 1, H, Plaintiff, Defendant B, I, J, and K respectively 7/616.
Reasons
1. Determination on the claim against Defendant Republic of Korea
(a) A claim for confirmation of the ownership of land against the State shall be limited to the cases where the land is unregistered and its registrant is unknown on the land cadastre or the forest land cadastre, or where the State denies the ownership of a third party who is the titleholder of the registration and where special circumstances exist, such as continuing to assert the ownership of the State;
(See Supreme Court Decision 93Da58738 delivered on December 2, 1994, etc.). In addition, registration of preservation of ownership may apply by a certified copy of the land cadastre or forest land cadastre (Article 130 subparag. 1 of the Registration of Real Estate Act), a person who proves his/her ownership (Article 130 subparag. 2 of the Registration of Real Estate Act), a person who acquired ownership through expropriation (Article 130 subparag. 3 of the same Act) by a judgment, and a person who proves that he/she was registered as the owner in his/her own or his/her predecessor’s register by a certified copy of the land cadastre or forest land cadastre, and a person who was registered as the first owner in the register and a person who comprehensively succeeds to the registration of ownership transfer on the register.
Even if the transfer of ownership is registered in the current civil law that takes the form of the change in real rights, the person who has obtained the transfer of ownership on the register cannot apply for the preservation registration immediately in his/her future, and the preservation registration should be made in the future as the first owner on the register, and the transfer registration should be made.
(See Supreme Court Decision 2009Da48633 Decided October 15, 2009). B.
In full view of the purport of the entire argument in Gap evidence 2-2, it is difficult to find out who is the first owner of the land listed in the annexed list No. 1, the circumstance, and who is not registered at all the address and resident registration number, etc. of the land listed in the annexed list No. 1.
In light of the above legal principles.