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(영문) 전주지방법원정읍지원 2016.06.21 2014가단11961

소유권이전등기

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1. The Defendant is based on the completion of the prescriptive acquisition on December 15, 1978, with respect to the Plaintiff’s forest No. 992 square meters in Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. As to the Plaintiff’s claim, the Plaintiff seeks implementation of the procedure for the registration of ownership transfer based on the completion of prescriptive acquisition with respect to the forest No. 992 square meters (hereinafter “instant land”).

Comprehensively taking account of the overall purport of pleadings in the records and videos as to Gap evidence Nos. 1 through 7, the land of this case is incorporated into the site of a reservoir established as part of the area extension work of the Dojin Repair Association (hereinafter referred to as the "Plaintiff") around 1956. It entered into a sales contract for the land of this case with the defendant's father C, his father around 1958. It is true that Jjin Repair Association occupied the land of this case from the time of completion of the reservoir on December 15, 1958 until now, and that the defendant inherited C alone.

According to the above facts, the plaintiff entered into a sales contract for the land of this case at that time and continued to possess the land of this case for the purpose of possession for twenty (20) years from December 15, 1958. Thus, barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case on December 15, 1978 after the lapse of twenty (20) years from the above date to the plaintiff.

2. Judgment on the defendant's assertion

A. (1) On the conclusion of a sales contract, the date on which the plaintiff alleged by the defendant was decided to pay the land price claimed by the defendant on March 7, 1959, while C died on January 28, 1958, and the rubber of the expenditure resolution (Evidence A-4-3) appears to have recently affixed the seal and the receipt is attached as it is. Therefore, it is difficult to believe that the above documents alone are insufficient to conclude a sales contract, and the plaintiff and C cannot be said to have concluded a sales contract on the land of this case. (2) The order of the former Joseon Repair Association is issued on July 17, 1917.