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(영문) 대구지방법원 2013.05.24 2012나61436

소유권이전등기

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1. Revocation of a judgment of the first instance;

2. The Defendant’s acquisition by prescription on January 6, 200 with respect to the Plaintiff, Kimcheon-si, B, 126 square meters.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry of evidence Nos. 1, 2, and 2-1, 2, 3, and 6 of the evidence No. 1-2. A

The cadastral record was destroyed at the time of the Korean War, and the owner on March 31, 1952 was pointed out as “E”. On March 29, 1959, the owner was changed to “F” and his name was restored to “F.”

B. On September 12, 1984, D land prior to the instant partition was divided into the land of 347 square meters (hereinafter “D land after the instant partition”) and the land of 126 square meters in B (hereinafter “instant land”).

C. On January 31, 1997, the defendant completed registration of preservation of ownership on the land B of this case.

2. Determination

A. The following facts are acknowledged in light of the following: (a) the fact that the D land before the instant partition was divided into the D land and the B land after the instant partition on September 12, 1984, as seen earlier, and the overall purport of the pleadings in each of the following images: (b) evidence Nos. 5, 7, 8, and 11; and (c) evidence Nos. 10-1 through 3, respectively.

1) On February 3, 1995, the Plaintiff completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502) on January 5, 1980 with respect to D land after the division of this case. 2) On September 22, 2006, the Plaintiff completed the registration of ownership transfer pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500) on December 10, 1989 with respect to H 126С on December 12, 2006.

3) Around 190, the Plaintiff newly constructed a warehouse on the land B of this case and uses 3 warehouses up to now, together with 2 warehouses constructed on the land D and I land after the division of this case. 4) The land B of this case is surrounded by D land, J and I land after the division of this case, which is owned by the Plaintiff.

5 With respect to the instant land B, on September 12, 1984, the land was divided into D before the instant partition, and E on April 194.