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(영문) 전주지방법원 정읍지원 2018.05.15 2017가단2777

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Attached Form

On December 10, 1946, on the real estate listed in the list (hereinafter referred to as “instant land”), the ownership transfer registration has been made in B on January 7, 1947, which is the father of the Plaintiff, in B.

After all, the registration of ownership transfer was made on May 7, 1996 on the ground that the land of this case was reverted to the defendant on September 11, 1948 in accordance with the Act of the Army Headquarters of the United States of America, the first agreement relating to finance and property between the Republic of Korea and the United States of America, and the Act on the Disposal of Property Belonging to the Republic of Korea.

[Grounds for recognition] Facts without dispute, Gap 1, 2, 4, and 6 certificates (including branch numbers), and the purport of the plaintiff's assertion as to the land of this case as to the purport of the whole pleadings, the land of this case was owned by D, the land cadastre was owned by Eul in the old registry, and the land of this case was owned by Eul in the new registry. The actual owner of the land of this case was F, the plaintiff's father, and the plaintiff's father, who was the father of this case, occupied the land of this case in a peaceful manner with his own will since several hundreds of times, and donated it to the plaintiff around 196.

Since around that time, the Plaintiff occupied the instant land for at least 20 years in a peacefully and openly-owned manner with its intention to own, the acquisition by prescription was completed on December 31, 2016.

Therefore, on December 31, 2016, the Plaintiff seeks implementation of the ownership transfer registration procedure against the Defendant, who is the titleholder of the instant land, due to the completion of the acquisition by prescription.

Judgment

The possession of the property devolving upon the legal basis of the Act on Special Measures for the Disposal of Property Belonging to the State shall be deemed to fall under the possession of another owner in the nature of the title. According to Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the Addenda, since Article 2 subparagraph 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State and Article 5 of the Addenda of the former Act on Special Measures for the Disposal of Property Belonging to the State free of charge, the property