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(영문) 제주지방법원 2018.05.01 2015가단17325

소유권이전등기

Text

1. The Defendant’s acquisition by prescription on May 2, 2014, as to the Plaintiff’s Seopopo City D 28 square meters, is based on the completion of the acquisition by prescription.

Reasons

1. Basic facts

A. On May 2, 1994, Sinpo-si D 28 square meters (hereinafter “instant land”) donated the instant land to the Plaintiff, a grandchild, who owned the instant land. The Plaintiff occupied the instant land from around that time.

B. The deceased on April 10, 2001, and the Defendant, the sole heir of the deceased on April 10, 2001, inherited the instant land.

C. Meanwhile, the Plaintiff filed a petition for appointment of an absentee administrator against the Defendant with Jeju District Court Decision 2017 Madan10176, and the said court rendered a judgment on January 24, 2018 by appointing C as an administrator of the Defendant’s property.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, since May 2, 1994, the Plaintiff occupied the instant land from May 2, 1994 to the present date, and such possession of the Plaintiff is presumed to have been carried out in peace with its own intent under Article 197(1) of the Civil Act. Thus, the acquisition by prescription for the Plaintiff’s possession of the instant land was completed on May 2, 2014 when 20 years passed since May 2, 1994.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on May 2, 2014 with respect to the instant land to the Plaintiff.

3. According to the conclusion, the plaintiff's claim of this case is accepted as reasonable.