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(영문) 의정부지방법원 2015.09.04 2015나50829

소유권이전등기절차이행 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. The first instance court;

Reasons

1. Basic facts

A. According to the Forest Survey Book drawn up during the Japanese colonial era, Defendant B was found to have been in the position of Jinyang-gun land (hereinafter “former land”) on January 6, 1919.

B. Since then, the parcel number was changed to 298 square meters for the land before change of registration conversion and administrative district (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 6-1 to 5, Gap evidence 7-1 to 3, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The gist of the Plaintiff’s assertion is that, on October 21, 1923, the Plaintiff purchased the land before alteration along with Defendant B’s land F in Yangyang-gun (hereinafter “F land”), and newly constructed a house on both the instant land and the land adjacent thereto on both sides of the Yongsan-gu Seoul Special Metropolitan City G (hereinafter “G land”). As to the instant land, the Plaintiff has occupied and used the instant land. The Plaintiff, as to the instant land, filed a claim against Defendant B for the implementation of the procedure for the registration of ownership transfer on the grounds of the completion of the prescription of possession acquisition on August 21, 1923, as the first priority, for the instant land. < Amended by Act No. 6503, Oct. 21, 1923; Act No. 6513, Aug. 7, 2001>

B. 1) First of all, the determination of the primary claim is as to whether the Plaintiff’s Cho, the father of the Plaintiff, purchased the land before the alteration from Defendant B, and according to each description of Gap’s evidence Nos. 2 through 5 (including each number), Eul’s land at the Goyang-gun on September 30, 1917 (hereinafter “H land”).

The following facts were revealed: (a) Defendant B received the assessment of the land on January 6, 1919; (b) Defendant B received the assessment of F land on February 10, 1917; (c) the Plaintiff completed the registration of initial ownership on August 7, 1981; (d) the registration of initial ownership on H land as the owner on February 11, 1941; (b) the registration of initial ownership was made on December 23, 1965 by designating the Plaintiff as the owner on August 13, 1948.