beta
(영문) 제주지방법원 2017.10.31 2016가단53991

소유권이전등기

Text

1. The Defendant is based on the completion of the prescriptive acquisition on February 1, 2016, with respect to the land size of 139 square meters in Seopo-si, Seopo-si, Seopo-si.

Reasons

1. Basic facts

A. On December 8, 1961, the Plaintiff’s license D (hereinafter “the Plaintiff’s license”) completed the registration of transfer of ownership on the ground of family inheritance on December 15, 1940 with respect to E orchard 3,792 square meters (hereinafter “instant orchard”).

On July 5, 1994, the establishment registration of a mortgage in the name of FF Treasury was completed on the ground of the maximum debt amount of 98 million won with respect to the instant orchard, and the establishment registration of a mortgage in the name of FF Treasury with respect to the instant orchard as the debtor.

The Deceased died on June 9, 2005, and on July 5, 2016, the Plaintiff completed the registration of ownership transfer on the instant orchard on the grounds of inheritance by consultation and division on June 9, 2005.

B. Around September 10, 1913, the instant land was unregistered as the Defendant’s well-owned land, which was located near the instant orchard (hereinafter “instant land”). On October 6, 1942, the deceased on the part of the deceased on September 10, 1913, the deceased on the part of the Defendant, and the deceased on the part of the Defendant and the deceased on the part of the deceased on November 3, 1967, the Defendant inherited the instant land by inheritance of Australia. As H died on November 3, 1967, the Defendant, who was his father, succeeded to the instant land by inheritance of Australia.

C. From December 8, 1961, the Deceased occupied and used the instant orchard, and at least from around 1985, from around 1985, he managed and occupied the instant orchard as one land together with the instant orchard.

The Plaintiff, from around July 4, 20194 to around July 4, 2016, sold the instant orchard to I, has planted cruital tree in the instant orchard and the instant land and occupied and used the instant orchard as an orchard.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff, the owner of the instant orchard, was in possession of the instant land for 20 years by adding up the period of possession of the Deceased, who is the former owner, to the total period of possession from February 1, 2016, the date of completion of the prescriptive acquisition claimed by the Plaintiff.