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(영문) 울산지방법원 2019.07.10 2018가단68768

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was registered as the owner on January 14, 1937 on the land cadastre of Ulsan-gu B, Ulsan-gu, 2734 square meters (hereinafter “instant land”). The Defendant completed the registration of preservation of ownership on the instant land on December 19, 1986.

B. C (Dvers; hereinafter “C”)’s sons of the Plaintiff (Evers; hereinafter “Plaintiff”); C renewed a loan agreement with the head of Ulsan Metropolitan City, Ulsan Metropolitan City, the managing authority of the instant land, on December 21, 1993; and on December 23, 2009, again renewed a loan agreement with respect to the said land (a loan period between January 1, 201 and December 31, 201; 190,430 won per annum).

The Plaintiff, along with C, is occupying and using the instant land at the time of the closing of the argument in this case.

C. On July 22, 2013, the Korea Asset Management Corporation succeeded to the status of the lender under the loan agreement (a loan recipient C, loan period from January 1, 2013 to December 31, 2013, annual loan fee of KRW 220,430) with respect to the instant land from the head of Ulsan-gu Seoul Metropolitan City, Ulsan Metropolitan City, and notified C of the said succession.

Since then, on April 26, 2018, the Korea Asset Management Corporation sent C a prior notice of imposition of State property compensation amounting to KRW 3,538,630 (the imposition period between January 1, 2014 and December 31, 2017) and a notice of guidance to conclude a loan agreement. The said notice was served to C around that time.

[Ground of recognition] Evidence Nos. 2, Eul Nos. 1, 3, 4, 7, 8, 9 (including paper numbers, hereinafter the same), part of Evidence Nos. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1 by the parties is that the Plaintiff purchased the instant land from F around 1980, and cultivated the said land with his/her own or his/her children including C, and occupied and used it in a peaceful manner with the intent to own it for at least 20 years. As such, the Defendant procedure for the registration of ownership transfer for the completion of the prescriptive acquisition on January 1, 2001.