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(영문) 춘천지방법원 2018.11.27 2018나51550

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

E completed the registration of ownership transfer on February 27, 1974 with respect to D river 2,579 square meters (hereinafter “ri” in the case of land”) in Gangseo-gun, Gangwon-do. Of the above land, E was divided into F land on September 11, 2008, and the registration of ownership transfer in the name of the Republic of Korea was completed on the grounds of a consultation on public land.

The defendant, who is a son of E, completed the registration of transfer of ownership on January 13, 2009 due to the gift on January 7, 2009 with respect to D river 2,319 square meters.

E completed the registration of ownership transfer with respect to 8,518 square meters prior to C on February 27, 1974, and among C land, 664 square meters and 94 square meters were divided into G and H, respectively.

The transfer registration of ownership in the name of the Republic of Korea was completed on September 1, 2008 due to the consultation on the public land on September 11, 2008.

The defendant completed the registration of transfer of ownership on January 13, 2009 on the ground of donation on January 7, 2009 with respect to the 7,758 square meters prior to C.

【In the absence of dispute, the Plaintiff’s assertion of the purport of the entire arguments and arguments by Gap’s evidence Nos. 1 and 13, and the Plaintiff’s assertion of the purport of the entire pleadings, around spring of spring of 1997, purchased at least 1.2 million won the entries in the claim(b), (d), and (f) (hereinafter “instant real estate”) from Eul who was the owner of the land, and continued to occupy and cultivate them in peace and openly with the intention of ownership from that time.

Therefore, inasmuch as the acquisition by prescription was completed on March 1, 2017 after the lapse of 20 years from the date of the instant real estate, the Defendant, the owner of the instant real estate, is liable to implement the registration procedure for transfer of ownership on March 1, 2017 to the Plaintiff on the instant real estate.

Judgment

In order to recognize the prescriptive acquisition of part of land in one parcel for 20 years of possession, it is required that there is an objective proof sufficient to recognize that the part belongs to the possession of the prescriptive acquisitor because it is separated from other parts.

First, whether the Plaintiff occupied the instant real estate for 20 years, which is part of D land and C.