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(영문) 제주지방법원 2016.12.09 2015가단12504

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A is a person who was the owner of the Plaintiff’s land, the registration of ownership preservation of which was completed on May 11, 1965, with respect to E orchard 3608 square meters (hereinafter “Plaintiff’s land”).

B. On April 4, 1963, the Defendant purchased 1031 square meters prior to Jeju-si D (hereinafter “Defendant’s land”) on April 4, 1963. On April 24, 1963, the Defendant entrusted the title of ownership to F, G, H, I, J, and K, and completed the registration of ownership transfer by their sharing. The Defendant completed the registration of ownership transfer under the Defendant’s name on June 14, 195.

(The Defendant’s land was 1082 square meters prior to L on December 26, 1947, and was converted into 3576 square meters prior to M at Jeju on June 14, 1995 due to the conversion of the area into the size on June 14, 1995. The same day N,O, P, and Q became the current parcel number D while dividing N, P, and Q.

The Defendant’s land is attached to the Defendant’s land, and the Plaintiff’s land is attached to the Defendant’s land, and as a result, to enter the Plaintiff’s land, it must pass through the Defendant’s land. From March 2, 1972, A has access to and cultivated the Plaintiff’s land through a part of 135 square meters in the ship connecting each point of the attached Form No. 12, 16, 15, 14, 7, 8, 9, 10, 11, and 12 among the Defendant’s land in sequence from March 2, 1972.

A A died on June 1, 2016 while the instant lawsuit was pending, and as inheritor, R and the Plaintiff are children, and R and the Plaintiff entered into an inherited property division agreement with the Plaintiff on July 19, 2016 on the part of the instant land that the Plaintiff would acquire the right to claim for ownership transfer registration against the Defendant. Accordingly, the Plaintiff taken over the lawsuit against A.

[Reasons for Recognition] Unsatisfy Facts, entries and images of Gap evidence 1 through 4, 6 and 7, verification by this court, appraisal results, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that the acquisition by prescription was completed on March 2, 1992, since A purchased the part of the instant land from the Defendant on March 2, 1972 and occupied it from that time.