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(영문) 부산지방법원 2018.02.07 2017나51747

소유권이전등기

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1. In accordance with the claim that was changed in exchange in this court, the Defendants are the Plaintiff, and the Defendants are the sequence 1,3.

Reasons

1. Determination on the claim for ownership transfer registration due to the completion of prescription

A. 1) The Plaintiff was a temple established on March 16, 1912 for the purpose of Buddhist activities under the Cho Jae-sung and completed the registration of Buddhist organization on October 31, 1962, and is an unincorporated association. 2) The Defendants completed the registration of ownership transfer on the ground of the “sale on December 5, 1957,” with respect to 1/5 of the real estate in this case No. 1, 3, and 5, on December 6, 1957. The Plaintiff completed the registration of ownership transfer on the ground of the “sale on December 5, 1957,” and completed the registration of ownership preservation on the portion of 1/5 of the real estate in this case No. 2 on November 29, 1973.

3) All of the instant real estate are land and buildings used for the Plaintiff’s Buddhist activities, and as such, the Plaintiff occupied and used from the time when the registration of ownership transfer or the registration of ownership preservation has been completed in the name of the Defendants to the date of completion of the registration of ownership transfer. [Grounds for recognition] Each entry (including the serial number and the purport of the entire pleadings) in subparagraphs

B. According to the above facts of recognition, pursuant to Article 197(1) of the Civil Act, the Plaintiff is presumed to possess the real estate of this case 1, 3, and 5 from December 6, 1957 to November 29, 197, and each real estate of this case 2 from November 29, 197 to the intention of possession in good faith, peace, and public performance. Thus, with respect to the real estate of this case 1, 3, and 5 from the time when the Plaintiff commenced possession, the acquisition by prescription of each Plaintiff was completed on November 29, 193 after 20 years from the time when the Plaintiff commenced possession of the real estate of this case 20 years after the time when the Plaintiff commenced possession of the real estate of this case. Accordingly, the Defendants are obligated to implement the acquisition by prescription of each of the real estate of this case on December 16, 197 for each of the following reasons: < Amended by Act No. 4548, Nov. 29, 1993>

As long as the plaintiff's claim is accepted in entirety, it is based on the return of unjust enrichment in the selective relationship.