소유권이전등기
1. The defendant is based on the completion of the acquisition by prescription on April 20, 1999 with respect to each real estate stated in the separate sheet to the plaintiff.
1. Basic facts
A. On September 1, 1961, the Defendant succeeded to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from B, and completed the registration of ownership transfer as the receipt No. 7062 on July 24, 1962 by the Daegu District Court’s Sung Branch Branch Branch of the District Court.
B. From April 20, 1979 to April 20, the Plaintiff occupied the building as set forth in Articles 46-9, 3-3 and 2, and operated the seeds.
【Ground of recognition】 The fact that there is no dispute, Gap evidence 4, Gap evidence 7 through 9 (including each number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, it is presumed that the Plaintiff occupied each of the instant real estate in a peaceful and public performance manner for at least 20 years from April 20, 1979 to April 20.
Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for transfer of ownership on April 20, 199 with respect to each of the instant real estate to the Plaintiff, barring special circumstances.
3. Judgment on the defendant's assertion
A. The defendant asserts that the completion of the prescription period for possession cannot be asserted since he occupied the real estate of this case without permission, knowing that the plaintiff did not have any legal act or legal requirements which may cause the acquisition of ownership, at the time of the commencement of possession. However, there is no evidence to acknowledge the above argument by the defendant.
B. The Defendant asserts that each of the instant real property constitutes public property and thus cannot be subject to prescriptive acquisition.
According to Article 6 (2) of the Public Property Act, administrative property shall not be subject to prescriptive acquisition, and administrative property under the Public Property Act shall be directly used or determined to be used for public, public, or corporate purposes as the property owned by the local government.