소유권확인
1. It is confirmed that the Defendant and the Plaintiff constituted Defendant B’s ownership of the Incheon Strengthening Military C Cemetery 826С.
2...
1. Basic facts
A. On February 26, 1911, Defendant B was assessed against the land unregistered on February 26, 1911, the Incheon Strengthening-gun C Cemetery 826 square meters (hereinafter “instant land”). The land cadastre of the instant land is indicated as “B” and “D” in the land cadastre column.
(b) there is no data to verify whether a person is B having a domicile in the Gyeonggi-do (former Incheon Metropolitan City), and a specific lot number of B or less, among the addresses of B.
C. On April 4, 1964, the Plaintiff cultivated the instant land as dry field even after he/she resided in Incheon-gun, Incheon-gun, the neighboring area of the instant land, while married with the deceased Simman E. The Plaintiff cultivated the instant land as dry field around November 28, 1990.
[Ground of recognition] The non-contentious facts, Gap's statements or images as to Gap's evidence 1 to 8, the fact-finding results on the HMyeon Office of this Court, the purport of the whole pleadings
2. In around November 28, 1999, the Plaintiff’s assertion of the land of this case, Livenman F purchased the land of this case from Defendant B, and cultivated the remaining part of the land of this case as dry field except for the part of graves installed on the land of this case, and cultivated the land of this case as dry field until Defendant B’s descendants were removed from all graves and died after Defendant B’s request was removed from dry field. The Plaintiff cultivated the land of this case to Do and Do, while cultivating the land of this case before November 28, 1990, and was donated the land of this case to the present day.
As can be seen, as long as the Plaintiff occupied the instant land in peace and openly with the intention of ownership for at least 20 years, the Plaintiff acquired the right to claim ownership transfer on November 28, 2010 against Defendant B, who is the owner on the land cadastre of the instant land, due to the completion of the prescription for ownership transfer on November 28, 2010, Defendant B is obligated to implement the procedure for ownership transfer transfer registration on the instant land, and Defendant B is obliged to claim ownership transfer registration