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(영문) 대구지방법원 2021.02.03 2020가단130787

소유권이전등기

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The defendant is based on the completion of the statute of limitations on July 12, 2017 with respect to the 29m29m2 of Daegu Suwon-gu Road.

Reasons

1. Facts of recognition;

A. On July 15, 1985, the Defendant inherited the land prior to subdivision by agreement and completed the registration of ownership transfer on July 30, 1996.

B. On July 11, 1997, the land before subdivision was divided into C 546 square meters and B 29 square meters. On the following day, the land category of B’s land was changed to “road” (hereinafter “instant land”). C.

After incorporating the instant land into “D Construction Project,” which was implemented around May 1996, the Plaintiff paid compensation and purchased it with the knowledge that E was delegated by the Defendant on August 8, 1996.

(d)

The Plaintiff has opened a road on the instant land and provided it to the public for the passage from the time the land category was changed to that of the road.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6 (including each number if there are several numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff purchased the land of this case and commenced possession from July 12, 1997 to occupy it in a peaceful manner as owned by the plaintiff.

I seem to appear.

Although it is not clear whether E has been delegated by the Defendant to sell and purchase the instant land and receive compensation money, the presumption of possession with independence is not reversed solely for such reasons.

Therefore, the Plaintiff acquired the instant land as the completion of prescription on July 12, 2017 after the lapse of 20 years from July 12, 1997.

Ultimately, the Defendant is obligated to execute the registration procedure for the transfer of ownership on July 12, 2017 with respect to the instant land by the Plaintiff.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.