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(영문) 대구지방법원 상주지원 2018.05.30 2017가단2310

점유취득시효에 의한 소유권이전등기

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1. The defendant on December 22, 2008, as to the defendant's share 40/2,060 square meters among the defendant's 6,746 square meters in Gyeongcheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do.

Reasons

1. Although the Plaintiff’s father network D purchased the share of the above land on or around December 23, 1988, the Plaintiff occupied the farming house in the above land and occupied the entire land in peace and public performance with the intent to own the land as a whole.

D Around October 24, 2005, the Plaintiff died. The Plaintiff occupied the said land after following the consultation and division on September 4, 2017, and completed the registration of ownership transfer of D shares to the said land on the ground of inheritance due to the consultation and division.

Therefore, since the period of prescription for the Plaintiff’s possession of the above land has expired on December 23, 2008, the Defendant is obligated to implement the registration procedure for ownership transfer on December 22, 2008 with respect to the Defendant’s share out of the above land to the Plaintiff.

2. Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);