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(영문) 수원지방법원 2014.09.25 2014나10998

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation on this part of the judgment of the court of first instance are as follows: (a) the article 2-A of the judgment of the court of first instance as stated in the "2-A"; (b) the article 4-A of the judgment of the court of first instance as "the defendant"; and (c) the article 11-20 of the part of the land of this case from "B" to "B" (including the serial number)" as stated in the article 18 of the judgment of the court of first instance as "B". In full view of the purport of the whole pleadings, it is acknowledged that under the former Farmland Reform Act, the State purchased 300 square meters out of the land of this case from the deceased E and distributed it to F, but the repayment has not been completed (the plaintiff asserted that F completed repayment of the above 300 square meters, but the evidence submitted by the plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it differently; and (d) the article 12-12 of the judgment of the Civil Procedure Act as it is additionally stated.

2. Since the Gyeongnam Water Cooperative purchased 300 square meters of the land prior to the instant subdivision from N on December 31, 1956, and 291 square meters of the land prior to the instant subdivision from N on April 20, 1957, and purchased 30 square meters of the entire land prior to the instant subdivision, the possession of the land prior to the instant subdivision by the Gyeongnam Water Cooperative constitutes an autonomous possession due to the nature of the possessory right, and the possession of the land prior to the instant subdivision by the Gyeongnam Water Cooperative was succeeded to the Plaintiff through the Gyeongnam Water Cooperative and the Republic of Korea in accordance with Article 199 of the Civil Act, since the said autonomous possession by the Gyeongnam Water Cooperative was succeeded to the Plaintiff through the Gyeongnam Water Cooperative and the Republic of Korea, the acquisition by prescription of the Plaintiff was completed on April 22, 1977 after the lapse of 20 years from April 22, 1957

In electively, the Plaintiff was legally transferred pursuant to Article 16 of the former Agricultural Community Modernization Promotion Act on January 11, 1971, and the possession of the instant land was converted into an autonomous possession, and thus, the Plaintiff was comprehensively transferred to the Plaintiff.