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(영문) 대구지방법원 2020.11.17 2020나305766

소유권이전등기

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The judgment of the first instance shall be revoked.

The Defendant completed the prescriptive acquisition on January 1, 2019 with respect to the Plaintiff’s 275 square meters in Ansan-si.

Reasons

1. Basic facts

A. On February 24, 1965, D completed the registration of ownership transfer for reasons of sale on April 1, 1950 with respect to the land within 856 square meters in Ansan-dong, Dong-dong (hereinafter “instant land before the instant partition”), which was owned by E, and completed the registration of ownership transfer for reasons of donation in F, an infant of D on September 5, 1984.

B. G purchased the land before the instant subdivision from F on February 13, 1988, and completed the registration of ownership transfer for the land before the instant subdivision on February 17, 198.

C. On February 16, 200, the land prior to the instant subdivision was divided into C, 275 square meters (hereinafter “instant land”) and H, 581 square meters (hereinafter “H land”). On April 28, 200, the ownership transfer registration for the instant land was completed on the following grounds: (a) on the land prior to the instant subdivision was completed on April 28, 200; and (b) on the land prior to the instant subdivision, the ownership transfer registration for the instant land was completed on the ground of consultation on public land was completed.

G died on June 9, 2007, and on April 22, 2019, J, the Defendant, K, L, M, and N, the inheritor of G, divided the inherited property agreement to be owned by the Defendant solely on the instant land.

【Fact-finding without a dispute over the grounds for recognition, Gap evidence 2 through 4, Eul evidence 1, 2, and 4 through 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion has been occupied by the plaintiff's father, I around July 1989, who received the land of this case from the plaintiff's father, and has occupied the land of this case C in a peaceful and public manner with its own intent until now.

Therefore, as of August 1, 2009, at least 20 years after August 1, 1989, the Plaintiff’s acquisition by prescription with respect to the instant land was completed, the Defendant is obligated to implement the registration procedure for ownership transfer on August 1, 2009 for the completion of the acquisition by prescription.

B. Defendant’s assertion 1) The time when the Plaintiff started to occupy the instant land from 200 to 200. 2) The Plaintiff’s father, G, the Defendant’s father, included the instant land C from F on February 13, 198, before the instant partition.