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(영문) 대구지방법원 영덕지원 2017.02.14 2016가단4896

소유권이전등기

Text

1. The defendant has each point in the order of indication 1, 9, 7, 8, and 1 of the annexed drawings among the 235 square meters in the 235 square meters in Yong-gu, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. D around January 30, 1980, around January 30, 1980, 235 square meters (hereinafter “instant real estate”) in relation to the registration of the instant real estate, etc.

(2) Around December 31, 2015, the Defendant completed the registration of ownership transfer with respect to the instant real estate due to inheritance by agreement division.

3) On the other hand, the Plaintiff is affiliated to the instant real estate, and it is a 446 square meters wide and adjacent to the Gyeongbuk-gun, Chungcheongnam-gun (hereinafter “instant adjacent land”).

B B. purchase on February 25, 1991 and the same year.

3. Around 29.29. He completed the registration of ownership transfer concerning the above adjacent land.

B. A fence is installed in the part connected to each point of the instant real estate indicated in the separate sheet Nos. 1, 9, 7 among the instant real estate, such as the current status of the instant real estate. From March 29, 191 when the Plaintiff purchased the instant adjacent land, the Plaintiff is also using and occupying a part of 40 square meters in the attached sheet No. 1, 9, 7, 8, and 1 of the instant real estate (hereinafter “the instant land occupied”).

[Reasons for Recognition] Unsatisfy Facts, entry or video of Gap 3 through 9 (including each number), the result of the request for surveying and appraisal to the Korea Land Information Corporation and its branch offices, the purport of the whole pleadings

2. Determination as to the cause of the claim is presumed to have been occupied in good faith, peace, and public performance with the owner’s intent (Article 197(1) of the Civil Act). In calculating the period of prescriptive acquisition, the starting date of the commencement of possession shall be determined at the time when the owner can assert the completion of prescriptive acquisition if there is no change in the owner (see, e.g., Supreme Court Decision 97Da44089, Apr. 14, 1998). According to the above facts established, the Plaintiff’s possession of the land in the instant case as of March 29, 191, as of March 29, 201, was the starting date of the possession of the land in possession, and the land in this case is peace and openly held with the intent of possession for twenty years from March 29, 2011.