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(영문) 광주지방법원 2015.11.05 2014가단35940

토지소유권이전등기

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 10, 1936, the land listed in the separate sheet No. 1 (hereinafter “instant land”) had completed the registration of ownership transfer in the name of Defendant B’s name. As the Plaintiff’s party lodging D occupies part of the instant land from February 1963 to 1982 as a dry field, and dies by clearing the remaining land as a dry field, he/she occupied and used the farmland by reclaiming the said house as dry field until the said land was removed by his/her wife and developed it as dry field.

B. On February 10, 1936, the land listed in attached list No. 2 (hereinafter “instant land”) was registered for transfer of ownership in the name of Defendant B’s name. From 20 years prior to the Plaintiff’s livemF, it occupied and used the Plaintiff’s livemF with the farming house from 20 years prior to the closing date of the instant pleadings.

C. On February 10, 1936, the land listed in the separate sheet No. 3 (hereinafter “the land of this case”) was divided into G forest land in the name of Defendant B on February 10, 1936, and the registration of ownership transfer was completed on December 29, 1993 under Defendant C’s name.

On the other hand, the land is covered by large forest across the whole area, and large-scale trees forming a forest are born.

【Unfounded Appellant’s 【Unfounded Appellant’s Evidence Nos. 2-1, 4, 6, 15 through 21 (including Serials), the witness H’s testimony, the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion begins to acquire and possess each land of this case from Defendant B on February 6, 1946 by the Plaintiff’s father (the father of the Plaintiff’s death around 1978). The Plaintiff occupied each of the above land by donation from Plaintiff I to Defendant B, and occupied each of the above land for at least 20 years while growing it to Defendant B, and Defendant C, Defendant C, as the Plaintiff occupied each of the above land for at least 20 years.