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(영문) 대구지방법원 2021.02.05 2019가합202508

소유권이전등기

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The defendant is on the plaintiff 2,00 m2,07 m2, 2,033 m2, 2,033 m2, and 969 m2.

Reasons

1. Basic facts

A. F (Death of October 26, 198) and G (Death of August 3, 1994) are South-win relationship.

The Plaintiff is the spouse of F, and the Defendant is G’s son (the Defendant solely inherited G’s property). B. As to the three lands listed below (hereinafter “each land of this case”), each ownership in the name of G was terminated in 1975 with respect to each land in the name of G.

On July 18, 1975, the purchase and sale made on July 18, 1975, the Daegu Suwon-gu, Daegu-gu, Seoul-gu, 2,007С on the date of registration of the ground for registration of the land, and the purchase and sale made on November 6, 1975, the purchase made on November 10, 1975, the purchase and sale made on November 29, 1975, and the purchase made on November 29, 1975. < Amended by Act No. 2797, Nov. 10, 1975>

The Plaintiff, from around 1975 to F along with F, sets up farming houses on each land of this case. Since F died on October 26, 1988, the Plaintiff left farming houses on each land of this case.

[Ground for recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, and 3 (including numbers for items with various numbers; hereinafter the same shall apply), the inquiry of facts to the head of H administrative welfare center of this court on April 9, 2019, and the purport of the whole pleadings

2. The plaintiff's assertion

A. G sold each of the instant land to F in Japan with the money in Japan.

F’s completion of the registration of transfer of ownership in the name of G with respect to each of the instant land cannot be deemed as having recognized the ownership of G as to each of the instant land.

B. From around 1975 to February 28, 2019, the Plaintiff occupied and used each of the instant land in a public performance with F’s intent to own it, or with F’s intent to own it.

Therefore, since the Plaintiff acquired each land of this case on the above date by prescription, the Defendant is obligated to implement the registration procedure for ownership transfer on February 28, 2019 with respect to each land of this case to the Plaintiff.

3. Determination

(a) Any person who claims the prescription of acquisition may choose at will the starting point of acquisition of land for which there is no change in the owner during the period of possession, and claim the prescription of acquisition;