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(영문) 광주지방법원 2015.02.13 2014가단519622

소유권이전등기

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1. The Defendant is on the ground of the completion of the prescriptive acquisition on September 30, 2008, with respect to the Plaintiff with respect to 7,041 square meters of rice and field B in Jeonnam-gun.

Reasons

1. Basic facts

A. On May 7, 1941, 1961, the Housing and Repair Association was established and merged with the Rice Repair Association on December 13, 1961, and the name was changed in sequential order into the Rice Land Improvement Association and the Rice Farmland Improvement Association. On around 2000, the name was changed in order into the Korea Agricultural & Rural Community Corporation and the Plaintiff.

B. The Housing and Repair Cooperatives, while performing the business of installing C reservoir (hereinafter “instant reservoir”) from November 1, 1954 to November 1, 1962, prepared a sale certificate with the following content from the net D (hereinafter “the Deceased”) around December 30, 1956.

- Sales proceeds: 41,90 won - Indication of real estate: - The real estate is owned by the deceased, and the real estate is sold to you at the price and is received in full after the occurrence of any trouble, and in the event of a malfunction, it shall be prepared by the deceased to take over his responsibility for the acquisition of the deceased.

C. On the other hand, the 4,470 square meters of the forest E in the Jeonsung-gun was originally owned by the deceased, but was divided into approximately KRW 2,133 square meters of the E forest and KRW 7,736 square meters of the forest and KRW 7,041 square meters of the forest ( KRW 2,133 square meters, hereinafter the instant real estate) on March 31, 1959.

On August 31, 1981, the registration of transfer of ownership based on donation was completed in the name of F, a child of the deceased on August 31, 1981, the registration of transfer of ownership based on donation was completed in the name of the defendant and G on January 13, 1986, the registration of transfer based on inheritance was completed in the name of the defendant and G on January 13, 1986, and the registration of transfer of ownership based on the sale was completed in the name of the defendant on September 30,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff asserts that he purchases the real estate of this case and installs and completes the reservoir on the ground of this case, and thereafter occupies and manages it in a peaceful and public performance for not less than 20 years until now, and against the defendant on September 30, 2008. < Amended by Presidential Decree No. 20684, Sep. 30, 2008>