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(영문) 창원지방법원밀양지원 2019.02.13 2018가단12539

소유권이전등기

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1. The Defendant’s acquisition by prescription on August 17, 2018 on each real estate listed in the separate sheet to the Plaintiff is based on the completion of acquisition by prescription.

Reasons

1. Basic facts

A. On April 14, 1994, the Defendant completed the registration of initial ownership as to B 184 square meters and C 67 square meters (hereinafter “the land before the instant partition”). On January 17, 2007, the Defendant divided B B 608 square meters (184 square meters) into B 429 square meters and D 179 square meters (attached Form No. 1), C 221 square meters (67 square meters) into C 162 square meters and E 59 square meters (attached Form No. 2), and divided (hereinafter “the instant land”, and B 429 square meters and C 162 square meters into “the instant land”).

B. The Plaintiff filed a claim against the Defendant for the registration of ownership transfer on the instant land as a result of the completion of prescriptive acquisition with the Changwon District Court 2016Kadan12887.

In that case, on August 30, 2017, the judgment that “the Defendant shall implement the procedure for the registration of ownership transfer on the instant land to the Plaintiff for the completion of prescriptive acquisition (hereinafter “instant related judgment”) was rendered, and the Defendant appealed to the Changwon District Court 2017Na57568, but the judgment dismissing the appeal was rendered on May 31, 2018, and the relevant judgment became final and conclusive on June 23, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including serial numbers, and the defendant denies the authenticity of Gap evidence Nos. 2, 35 through 7, but the defendant denies the authenticity of Gap evidence Nos. 11 through 13 and the whole purport of the arguments, as a whole, can be acknowledged as the authenticity of the whole) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) As to the Plaintiff’s assertion of prescriptive acquisition on the instant land, the Defendant asserts that the instant land is an administrative property that is not subject to prescriptive acquisition. 2) The instant land is owned by the State, and the administrative property under the State Property Act is used directly for official use, public use, corporate use, or preservation.

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