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(영문) 대구지방법원 상주지원 2018.06.20 2016가단10673

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. D 485 square meters (hereinafter “Eioph”) and F 465 square meters (hereinafter “Eioph”) were divided and merged as follows:

On April 29, 1927, the merger on July 15, 1996, and 340 square meters prior to J of 125 square meters, 485 Ma-Ga, 485 Ma-Ga, 308 Ma-Ga, 681 Ma-Ga, 177 Ma-Ga, 337 Ma-Ga, 177 Ma-Ga, 998 Ma-Ga, 465 Ma-Ga, 125 Ma-Ga, 125 Ma-Ga, 202

B. On July 20, 1979, the Plaintiff’s father K completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, Dec. 31, 1977; hereinafter “Special Measures Act”), and completed the registration of ownership transfer under L on June 1, 2002.

C. M completed the registration of ownership transfer under the Act on Special Measures on May 13, 1980, M completed the registration of ownership transfer under N on May 29, 1995.

Around July 23, 1996, the Defendant’s fatherO completed the registration of ownership transfer based on the sale and purchase of the above land. Around February 16, 2015, the Defendant completed the registration of ownership transfer based on the agreement division with respect to the land of which I land was combined, as the Defendant died on or around February 16, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, 10 (including paper numbers), the purport of the whole pleadings

2. Determination on the plaintiff's claim

A. On March 28, 1975, P, the main point of the Plaintiff’s assertion, purchased the part of “b” in the ship connected to each point of the attached Table 1, 14, and 1 among the land B before the annexation (hereinafter “instant land”) in sequence around March 28, 1975.

From this point of time, P, K, and the Plaintiff have occupied the instant land in peace and patent by causing the Plaintiff to cultivate Q to live there.

Therefore, the statute of limitations on July 25, 2016, after the lapse of 20 years from July 25, 1996, acquired the instant land by O, was completed.

B. The possessor of the land whose acquisition by prescription expires shall acquire by prescription the land owner at the time of the expiration of the period.