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(영문) 전주지방법원 2017.02.03 2016가단1405

소유권이전등기 청구의 소

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1. The defendant is based on the completion of the prescriptive acquisition on April 27, 1997 with respect to the land size of six square meters in Jeonju-gun, Jeonbuk-gun.

Reasons

1. Basic facts

A. On April 26, 1977, the Plaintiff purchased 679m2 from Nonparty D, Jeonju-gun E, Jeonbuk-gun, and completed the registration of ownership transfer on May 3, 197, under the receipt of No. 1359 on May 3, 197, and occupied and used it.

B. At the time, the Plaintiff occupied and used a 542 square meters map of the 542 square meters of the Jeonju-gun, the neighboring land.

C. At the time, the owner of the real estate registration injury of a river of 542 square meters in Jeonbuk-gun, Jeonbuk-gun, was Nonparty 1 F, but the said F had already died on April 14, 1974.

On April 22, 2016, the C river 542 square meters in Jeonju-gun, Jeonju-gun was divided into six square meters in Seoul-gun, Jeonju-gun, and five hundred and thirty-six square meters in G-gun, Jeonju-gun, Jeonbuk-gun.

E. The Defendant completed the registration of ownership transfer on the ground of inheritance due to the inheritance by an agreement division held on April 14, 1974, with respect to the size of 6 square meters in the Jeonju-gun C river and 536 square meters in the G river in the Jeonju-gun, Jeonju-gun, Jeonju-gun. < Amended by Act No. 48022, May 3, 2016>

F. On May 19, 2016, Nonparty-do paid KRW 28,970,80,000 to the Defendant for inclusion in a local highway on May 19, 2016, with respect to a 536 square meters of a G river in Jeonju-gun, Jeonju-gun, Jeollabuk-do, as compensation for incorporation, and completed the registration procedure for ownership transfer on May 19, 2016, under the former District Court’s receipt of the indictment for all-round indictment on May 19, 2016, based on the consultation

[Ground of recognition] Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 (including household numbers), and the fact-finding results on the head of the Gun of Jeollabuk-do, the purport of the whole pleadings

2. From April 27, 1977, the Plaintiff’s claim for the registration of ownership transfer was made with the intention of ownership of 20 square meters of a river C river in the Jeon-gun, Jeonbuk-gun from around April 27, 197, and was in peace, openly occupied, and used for 20 years or more between the parties. According to the above facts, the Plaintiff began possession of the above real estate with the intention of ownership ownership on April 27, 197, and acquired the above real estate by prescription on April 27, 1997 when 20 years elapsed since the commencement of possession.

Therefore, the defendant acquired the prescription of possession on April 27, 1997 with respect to the above real estate by the plaintiff.