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(영문) 전주지방법원 2017.09.19 2016가단15428
소유권이전등기
Text

1. Defendant Republic of Korea confirms that the amount of 179 square meters in So-gu Seoul Metropolitan Government is the Defendant B-ownership.

2. The defendant B.

Reasons

1. In the absence of counter-proof as to the claim against the Defendant’s Republic of Korea, the person who was registered as the owner of the land shall be presumed to be the owner of the land, and the circumstance thereof shall be presumed to have become final and conclusive, inasmuch as there is no counter-proof as the content of the land was changed by the adjudication, and the person who received the ruling of the land shall be deemed as the owner of the

According to the statement No. 1 (including a serial number), the fact that the land of this case was not registered is not disputed between the parties, and according to the statement No. 1 (hereinafter referred to as the “instant land”), the owner of the instant land is indicated as “B” on September 7, 1914 (hereinafter referred to as “B”), and there is no indication as to the transfer of rights, and as long as there is no other evidence to reverse it, such as the fact that the content of the instant land was changed by the adjudication, it is reasonable to view the owner of the instant land as Defendant B.

Meanwhile, in full view of the evidence mentioned above and the fact-finding results on the resident service center of this court and the former Jinjin Police Station, Defendant B’s resident registration number or address is not indicated in the land cadastre of this case, and it can be acknowledged that Defendant B’s personal information, birth, and location are not verified. Thus, this case’s land constitutes a case where its registrant cannot be identified solely on the land cadastre’s land cadastre.

As long as Defendant B, who is the registered titleholder, is unknown, the Plaintiff seeking the registration of ownership transfer on the ground of the completion of the prescription period for possession, who is the Plaintiff, shall complete the registration of ownership transfer in the name of the Plaintiff after filing a subrogation application for registration of ownership transfer with Defendant B.

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