소유권이전등기
1. Defendant B caused the completion of the acquisition by prescription on April 26, 1996 with respect to each real estate listed in the separate sheet to the Plaintiff.
1. Determination as to the claim against the defendant B
A. In addition to the overall purport of pleadings Nos. 1, 2, and 4 through 6 (including the number of each unit; hereinafter the same shall apply)’s written evidence as to the cause of the claim, the registration of ownership transfer was completed on January 15, 1965 in the name of the deceased D (hereinafter “the deceased”), and the registration of ownership transfer was completed on January 7, 2013, which is the deceased’s heir on March 23, 1989, on the part of Defendant B, the deceased’s heir on January 7, 2013, the registration of ownership transfer was completed on the ground of inheritance due to the division as of March 23, 1989. ② Meanwhile, it is recognized that the Plaintiff occupied each of the instant real estate on April 26, 1976 and cultivated each of the instant real estate up to now.
According to the above facts, the plaintiff occupied each real estate of this case for not less than 20 years from April 26, 1976, which was the starting date of possession, and such possession of the plaintiff is presumed to be the peace and public performance possession based on the intention of possession (Article 197(1) of the Civil Act). Thus, the plaintiff acquired the right to claim the ownership transfer registration on April 26, 1996 for each real estate of this case on the ground of the completion of acquisition by prescription.
Therefore, Defendant B is liable for the Plaintiff to implement the registration procedure for ownership transfer on each of the instant real estate upon completion of the acquisition by prescription, barring any special circumstance.
B. Defendant B’s defense is merely a fact that the Deceased did not sell and lease each of the instant real estate to the Plaintiff, and thus, the Plaintiff’s possession of each of the instant real estate constitutes the possession of a third party by nature of the possessory power.
As alleged above by Defendant B, there is no evidence to prove that the Plaintiff leased each of the instant real estate from the Deceased, and instead, considering the purport of the entire pleadings in addition to the statement Nos. 1 and 8. ① The Deceased on April 26, 1976.