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(영문) 광주지방법원 2017.09.19 2017가단10508

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On May 13, 1917, 191, C Forest Land C, 138 square meters (hereinafter “the instant forest”) is land under the circumstances of D, and E, the father of the Plaintiff, purchased the instant forest from D to install a family cemetery around 1942.

B. Since the Plaintiff’s installation of the Plaintiff’s dynasium F, Steering G, andbu E in the instant forest, the Plaintiff’s hynasium maintained the Plaintiff’s hynasium, and occupied the instant forest by possession. Since the Plaintiff’s death on March 4, 191, the Plaintiff acquired the instant forest by extinctive prescription on March 4, 201, when 20 years elapsed since the Plaintiff occupied the instant forest in a peacefully and openly as the Plaintiff’s intent to own the instant forest from that time, and acquired the instant forest by prescription.

C. Therefore, the Defendant, who is registered as the owner of the instant forest, is obligated to implement the registration procedure for transfer of ownership based on the completion of the acquisition by prescription.

2. Each statement of Gap evidence No. 5-1 to 6, Gap evidence No. 8-1 to 11, Gap evidence No. 6, and evidence No. 9-1 to 4 is insufficient to acknowledge that the plaintiff occupied the forest of this case for 20 years. Since there is no other evidence to acknowledge this, the plaintiff's claim of this case based on the premise of the plaintiff's possession is without merit without examining whether the plaintiff occupied the forest of this case.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.