소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff’s husband purchased the instant land from the Defendant around September 20, 1989 and occupied it in a peacefully and openly by way of cultivating the instant land with his intention to own it continuously from March 20, 1990. As such, the prescriptive acquisition period on the instant land was completed on March 20, 2010 after the lapse of 20 years thereafter, the Defendant asserts that the Plaintiff, as D’s inheritor, is liable to implement the procedure for ownership transfer registration on the instant land on March 20, 2010.
2. The person who asserts the prescriptive acquisition can arbitrarily choose the starting point of the prescriptive acquisition for the land without the change of the owner. The prescriptive acquisition can be recognized, unless it is found that the possession was 20 or more years retroactively from the date on which the person asserts the prescriptive acquisition, and that the possession was not independent possession, and the starting point of the prescriptive acquisition should be determined by the court, irrespective of the allegations of the parties (see Supreme Court Decision 92Da20774, Nov. 10, 1992). However, the statement in the evidence No. 7 cannot be recognized as having occupied the land in this case from March 20, 2010 (or June 23, 2011) to the effect that the Plaintiff claimed the prescriptive acquisition for 20 or more years, and there is no other evidence to support this otherwise. Therefore, the Plaintiff’s assertion is without merit.
Comprehensively taking account of the statements in Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and Eul evidence Nos. 1 and witness E, the defendant completed the registration of creation of a mortgage on the ground of the maximum debt amount of January 16, 1985 with the Central Supervisory Council Saemaul Community Depository as the mortgagee on the ground of the right to ownership of the land of this case on February 19, 197 and the maximum debt amount of November 26, 1987, respectively, with the registration of cancellation on August 18, 2014; the fact that the registration of creation of a mortgage on the ground of the maximum debt amount of November 26, 1987, was completed on August 18, 2014; the F-si 1,214 square meters adjacent to the land of this case and the land of this case (hereinafter
The land subdivision in relation to this case was completed on June 20, 1988.