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(영문) 광주지방법원 2016.11.04 2015나56372

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. Basic facts

A. On March 31, 194, the registration of ownership transfer was completed in the name of C on March 31, 194 with respect to the area of 132 square meters prior to Gwangju-dong, Gwangju-gu (hereinafter “instant real estate”).

B. D A sales contract was drafted as of April 15, 1965 by J, a representative of C, to purchase the instant real estate.

C. The instant real estate is reverted to the State under the Act on the Disposal of Property Belonging to the State, and the Defendant completed the registration of ownership transfer under the name of the Defendant on November 15, 1994.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings

2. Assertion and determination

A. According to the Plaintiff’s assertion 1), C completed the registration of ownership transfer on the ground of Australia inheritance on March 31, 194, and C was the former owner K, and the former owner L. The reason why the ownership of the instant real estate was transferred was between January 27 (L’s acquisition date) and May 4, 1940 (L’s acquisition date) during the period between January 27 (1936) and May 194 (15), while the land was purchased from “K” on May 4, 1940 without the title transfer, and registered “name change” on the land cadastre, and it is evident that C was Korea. D, on April 15, 1965, occupied the instant real estate, and continued to claim that the Plaintiff occupied the instant real estate under the title of G14, which was the first five-year prescription date, and thereafter, the Plaintiff continued to have occupied the instant real estate under the title of G14, as the title of G14.