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(영문) 대구지방법원 2017.02.16 2016나308379

소유권이전등기

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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D on April 24, 1913, 1913, the Nam-gu Seoul 118 square meters (hereinafter “Before subdivision”) was assessed.

B. On November 26, 1964, the land before subdivision was divided into 136 square meters, B, 43 square meters, and E, respectively.

C. On July 5, 1982, the registration of ownership transfer was completed in the name of L, K, M, N, andO on December 21, 1987 with respect to the land of this case due to inheritance of property on July 5, 1987. On December 19, 1987, the registration of ownership transfer was completed in the name of K on December 21, 1987, and on September 7, 199, the registration of ownership transfer was completed in the name of the defendant on June 22, 2009.

On the other hand, the transfer registration of ownership was completed on June 27, 2016 on the land in the first instance trial on June 20, 2016, which was due to the sale on June 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 (including each number, hereinafter the same shall apply), Gap evidence 2 through 6, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. On July 23, 1964, the Plaintiff’s assertion-based land improvement cooperative purchased the instant land from H, the actual owner of the G reservoir, and acquired the right to the instant land in accordance with the former Land Improvement Project Act (Act No. 948), which was in force at the time when the G reservoir was established and operated as an I-line water route. Since the Plaintiff’s assertion-based land improvement cooperative occupied the land in a peaceful and public performance for at least 51 years from that time, the acquisition by prescription was completed.

Meanwhile, the defendant acquired the land of this case through a compulsory auction between the port land improvement cooperative and the defendant who did not complete the registration of ownership transfer of the land of this case. Since the plaintiff comprehensively succeeded to the rights and obligations of G reservoir of the port land improvement cooperative, the defendant, who is the registered titleholder of the land of this case, was caused by the restoration of the true registration name on July 23, 1964.