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(영문) 대구지방법원 2019.01.10 2018가합202082

소유권이전등기

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Since the Defendant completed registration of preservation of ownership on March 25, 1975, the local government owned each land listed in the separate sheet in the Daegu Northern-gu, Daegu-gu, as of May 23, 2005 (hereinafter “each land of this case” in the joint name regardless of whether it was before or after the division, each land listed in the separate sheet Nos. 2 and 3 was divided from 3,560 square meters to 3,560 square meters, and the remaining part after the division became the land listed in the separate sheet Nos. 1 in the separate sheet).

나. 현재 별지 목록 제1항 기재 토지 일부 지상에는 원고의 대추나무가 식재되어 있고, 위 토지 및 위 토지와 인접한 원고 소유의 대구 북구 D 토지, E 토지 등에 걸쳐 원고의 우사(牛舍)가 설치되어 있다.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 9, 11, 13 (including each number; hereinafter the same shall apply), Eul 2, 5, and 12, and the purport of the whole pleadings

2. On August 25, 1960, the deceased F, who is the father of the plaintiff's assertion, has continuously occupied each of the instant lands for twenty (20) years since the purchase of each of the instant lands adjacent to the said lands from G to the time of purchase in the name of the plaintiff from G, Daegu North-gu E, Daegu-gu, and continuously occupied each of the instant lands from the time to the time of possession. As such, the acquisition by prescription was completed as to each of the instant lands on August 25, 1960, which began from August 25, 1960 to August 25, 1980, for which the F purchased and possessed each of the instant lands.

Since the Plaintiff received each of the instant lands from F on December 27, 1994, the Plaintiff sought implementation of the procedure for ownership transfer registration on the grounds of prescriptive acquisition on August 25, 1980 for each of the instant lands to the Defendant, who is the owner of each of the instant lands.

In addition, the Plaintiff continued to occupy each of the instant land from December 27, 1994, as a donation of each of the instant land from F, with the intention to own each of the instant land and for twenty (20) years, and since December 27, 1994, after twenty (20) years from December 27, 1994, the Plaintiff started to occupy each of the instant land.