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(영문) 대전지방법원서산지원 2015.08.12 2014가단5052

소유권말소등기 등

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1. The Defendant is based on the completion of the prescriptive acquisition on December 31, 2013, with respect to the forest land C, 42,438 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The Defendant completed the registration of preservation of ownership on December 31, 1970 by the Taean District Court of Daejeon, Taean-gun, Taean-gun, Taean-gun, Daejeon District Court, which received on December 31, 1970.

The above land was divided into C, 42,438 square meters of forest land (hereinafter “instant land”) and E, 2547 square meters of forest land, and the Defendant’s son F completed the registration of transfer of ownership on June 2, 2014 as the Taean District Court of Daejeon on the ground of donation on June 2, 2014.

B. From 1963 to 1963, the Plaintiff occupied and used the instant land by reclaiming the instant land from G to 1963, putting the dry field into a dry field, planting straw trees, clothes trees, night trees, and other fruit trees. The Plaintiff occupied and used the instant land by installing a vinyl house with water so as to sell wells and build a plastic house.

(A) The Defendant asserts that the Plaintiff did not occupy the entire land of the instant case, but only the extent of the land E in Chungcheongnam-gun, Chungcheongnam-gun, Taenam-gun, for the purpose of a stable management, a garden is used. However, according to the evidence indicated below and the result of the on-site inspection of this Court, the Plaintiff may recognize the facts that the Plaintiff used the land of this case while comprehensively occupying the land of this case) / [based on recognition] the entries in the evidence Nos. 1, 5, 10, 11, and 7, each of the evidence Nos. 8-1 through 55, and the results of the on-site inspection of this Court,

2. The plaintiff asserts that since the acquisition by prescription by possession of the land of this case was completed for 20 years from January 1, 1994 as to the cause of the claim, the defendant should implement the procedure for the registration of ownership transfer as to the land of this case.

Since the possession of the possessor is presumed to have been carried out in good faith, peace, and public performance with his own intent (Article 197(1) of the Civil Act), it is presumed that the possession of the Plaintiff on the land of this case was carried out in peace and public performance with his own intent.

3. The defendant's assertion is based on the land of this case.