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(영문) 대전지방법원 2015.05.27 2014가단216901

소유권이전등기

Text

1. The defendant completed the prescription period for acquisition by possession on January 10, 1993 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. As to the real estate listed in the separate sheet (hereinafter “Defendant’s land”), D (1) completed the registration of ownership transfer on May 26, 1981 by reason of sale as of October 8, 1970, pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094). After death on June 24, 2003, the Defendant completed the registration of ownership transfer on December 29, 2006 by inheritance consultation agreement.

B. The Plaintiff completed the registration of ownership transfer on December 7, 1982 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094) on the grounds of sale on January 10, 1973 with respect to the land adjacent to Sejong Special Self-Governing City E-Governing City (hereinafter “Plaintiff’s land”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. As to whether the Plaintiff occupied the Defendant’s land or not, the following circumstances, which are acknowledged by comprehensively considering the following facts: (a) the description and image of evidence Nos. 1 through 8 (including the serial number), and the testimony of witness F, the Plaintiff completed the registration of ownership transfer on the ground of sale as of January 10, 1973; (b) the Plaintiff received a community resident’s confirmation confirming the above contents in the registration of ownership transfer; (c) the Defendant’s land is classified into “B” in the copy of the register; (d) the Plaintiff’s land is classified into “B”, and the land category was actually cultivated as “P”, and the Defendant’s land was cultivated as a answer by around 2014 (the change to the Defendant around 2014). The shape of the Plaintiff’s land based on the drawing is a bridge, excluding the above essential part in the rectangular shape, and the shape and shape of the land, including the Defendant’s land, actually maintained by the Plaintiff.