beta
(영문) 대전지방법원서산지원 2014.09.26 2012가단9593

취득시효완성으로 인한 소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. Defendant C, the same E, F, H, the same H, K, the same L, M, the same N, N, P, the same P, and R (hereinafter “B”) are the successors of network D (location, address, resident registration number, etc.) whose ownership is unregistered in the attached list (hereinafter “instant land”), and are the owners of the instant land. Thus, they seek confirmation of their ownership against Defendant Republic of Korea.

B. The Plaintiff’s father B, on the ground of the instant land, occupied the instant land in a peaceful and public performance manner while residing in two buildings, and died on June 19, 1983. Since then, the Plaintiff and the Plaintiff’s mother continuously occupied the instant land in a peaceful and public performance manner.

All the successors of the deceased B agreed to the land of this case as owned by the plaintiff.

Therefore, the Plaintiff acquired the instant land by prescription on December 22, 1984 after the lapse of 20 years from December 23, 1964, which was the starting date of possession of the net B.

2. Determination

A. According to the land cadastre (A) as to the claim against Defendant Republic of Korea, the instant land was classified into the 6th five square meters of T forest land in Seosan-si on May 10, 1918, and was divided into June 1, 1927, and V forest was converted into the 67th square meters of W before October 25, 1927 (hereinafter “instant land”).

B) With respect to the instant land, no certified copy of the register was made up until now. C) The remaining Defendants are the heirs of the network D, the permanent domicile of which is located in X in Seosan City.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 11 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3, and the purport of the entire pleadings, the remaining Defendants are the successors of U.S., the assessment title of the land of this case, i.e. U., the assessment title of the land of this case.