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(영문) 광주지방법원 2016.11.10 2016가단508824

소유권이전등기

Text

1. The Defendant is based on the completion of the prescriptive acquisition on April 7, 2009, with respect to the Plaintiff’s 218 square meters of Gwangju Northern-gu C ditch.

Reasons

1. In full view of the records and images of Gap's evidence No. 1 and No. 9 as to the cause of the claim, the result of the on-site inspection by this court, and the purport of the entire pleadings, Eul, the father of the defendant, shall sell to Eul, April 7, 1989, the 1293m2 in Seo-gu, North-gu, Gwangju (hereinafter referred to as " neighboring land") and the 218m2 in Seo-gu, Gwangju (hereinafter referred to as "the land in this case"), adjacent thereto, for E, paid a full purchase price, and completed the registration of ownership transfer for neighboring land, and occupied and used it as farmland without the registration of transfer for the land in this case. The plaintiff purchased neighboring land and the land in this case from E on September 9, 1996, and after acquiring the land in this case, D died on March 24, 2006, and the defendant's obligation to recognize that he inherited his rights and duties was completed from April 29, 198.

On or before November 2006, the defendant alleged that the plaintiff had occupied the land of this case and applied for permission for development activities only for the neighboring land even thereafter, and that the land of this case did not apply for permission for development activities. Thus, the plaintiff cannot be deemed to have occupied the land of this case in good faith, peace, and public performance for 20 years. Thus, the plaintiff should reverse the above presumption in the defendant's side because it is presumed that the possessor occupied the land of this case in good faith, peace, and public performance with the intention to own it. According to the above evidence, the land of this case is part of an artificial waterway and its site as a ditch, the plaintiff obtained permission from the competent authority on the neighboring land of November 29, 2006, and the neighboring land is currently used as the site of the building.