beta
(영문) 제주지방법원 2017.05.01 2016가단6889

소유권이전등기절차이행등

Text

1. The defendant is on the ground of the completion of the prescriptive acquisition period as of December 31, 198 with respect to the land size of 377 square meters in Seopopo-si, Seopopopo-si.

Reasons

1. Basic facts

A. On January 30, 1974, the Defendant completed the registration of ownership transfer on the ground of sale on January 22, 1974 with respect to D orchard 4,420 square meters (hereinafter “land before subdivision”).

B. On December 2, 2010, the land before subdivision was divided into: ① 2,464 square meters for D orchard; ② E-A orchard 1,579 square meters (the part in the ship connecting each point of the attached Form Nos. 3, 4, 5, 6, 7, 8, 10, and 3); ③ C orchard 377 square meters (the part in the ship connecting each point of the attached Form Nos. 7, 8, 14, 12, 11, and 7), and ② The land was completed the procedure of registration of ownership transfer for the Jeju Special Self-Governing Province on the grounds of consultation on the land for public use on March 2, 2016; and the Defendant received a payment of KRW 416,856,00 with compensation.

C. The plaintiff and the defendant are the children of the net F.

[Reasons for Recognition] Facts without dispute, entry of Gap 1-6, 14 evidence (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. On October 1968, the Plaintiff deceased F acquired the land before subdivision but did not complete the registration of ownership transfer, and around October 1968, the Plaintiff donated the Plaintiff with the attached specification No. 1, 2, 10, 9, 8, 14, 12, 11, 7, and 1, among the land before subdivision, the land before subdivision. < Amended by Presidential Decree No. 20680, Dec. 1, 1968; Presidential Decree No. 20674, Mar. 2, 2007>

The Defendant received only the remainder of the land before subdivision from F, but the F died on January 6, 1971, and completed the registration of transfer on the whole land before subdivision due to sale.

The plaintiff began to occupy the land of this case since 1968, and since the 1980s, a plastic house was installed in the land of this case and the remaining land leased from the defendant before the land of this case was divided, and the land of this case was occupied in peace and public performance as owner's intention. As such, the prescriptive acquisition on December 31, 198 after the lapse of 20 years from 1968 was completed.

Therefore, the defendant is out of the land of this case.