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(영문) 대법원 2015.01.15 2012다36081

소유권이전등기

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The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. In full view of the adopted evidence, the lower court rejected the Plaintiff’s assertion that: (a) around 1944, I purchased land listed in [Attachment List No. 1 (hereinafter “instant land”); (b) and (c) land listed in [Attachment List No. 2 (hereinafter “instant land”); and (c) on March 1946, I died after I’s spouse G was completed construction; (d) after I’s spouse G occupied the instant land from around 199 to March 15, 195; and (e) sold the instant land from around 195 to Ha; and (e) after having occupied the instant land from around 1999 to the Plaintiff’s death; and (e) the Plaintiff’s possession of each of the instant land from around 1999 to the date of succession or possession of each of the instant land; and (e) determined that it was difficult to recognize that the Plaintiff’s possession of each of the instant land was beyond 15 years to the date of succession or possession of each of the instant land.

2. According to Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 1346, May 29, 1963) and Article 5 of the Addenda, since Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the Addenda stipulate that property devolving to the State, the sale contract of which has not been concluded by the end of December 1, 1964, shall be deemed State property from January 1, 1965, and thereafter it shall be possessed by the intention