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(영문) 대구지방법원 2018.04.12 2017가단17310

소유권이전등기

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1. The plaintiff's main claim is dismissed.

2. With respect to the Plaintiff’s 1,419 square meters in Cheongbuk-gun, Cheongbuk-do.

Reasons

1. Basic facts

A. The 1,419 square meters in Cheongdo-gun, Cheongdo-gun (hereinafter “instant land”) are the land transferred under the name of the Busan Farmland Improvement Association on September 3, 1987.

B. On December 29, 2008, Gyeongsan Farmland Improvement Cooperatives changed its name to Defendant Korea Rural Community Corporation.

[Ground] Facts without dispute, entry of Gap's evidence

2. The plaintiff asserts that the land of this case was purchased from the defendant's side for the plaintiff on December 30, 1987, and the defendant should complete the registration of ownership transfer.

As to whether the defendant's side sold the land of this case to the plaintiff or the plaintiff's attached Eul around 1987, it is not sufficient to recognize the above only by the descriptions of the evidence Nos. 3, 4-1, 2, 5, 8, 9, and there is no other evidence.

Therefore, the plaintiff's main argument is without merit.

3. The Plaintiff asserts that, from December 30, 1987, the prescriptive acquisition of the instant land was completed by occupying it for twenty years from December 30, 1987.

In full view of the respective descriptions and arguments stated in Gap's evidence 2, 3, 4-1, 2, 5, 16-1 through 12, 17, and 9, it is recognized that the plaintiff continued to occupy the land of this case with the intention to own the land of this case for a peaceful and public performance from December 30, 1987.

Defendant asserted to the effect that the Plaintiff’s possession of the instant land is the possession of a third party on the grounds of the fact that the Plaintiff’s side did not register the instant land pursuant to the previous Act on Special Measures, and that the Plaintiff’s father trusted the instant land to the Plaintiff.

However, the possessor's possession is presumed to be legally independent possession, and the following circumstances revealed by the above evidence and the list of real estate approved by the Gyeongbuk-do branch office around July 1985 to the Gyeongsan-do Association, the Plaintiff's telegraphic body.