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(영문) 대전지방법원 2017.08.30 2016가단220065

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The intent of the Plaintiff’s assertion was as follows: (a) from 1978 to 1978, the Plaintiff, the Plaintiff’s mothered and cultivated the land, such as Dong-gun, Chungcheongnam-gun, Chungcheongnam-do (Seoul Special Self-Governing City D) and 516 square meters (the foregoing real estate was divided into 136 square meters in this case’s real estate and F, and then was divided into 136 square meters); (b) on May 8, 1989, the Plaintiff, the sole heir of the deceased, was occupying the instant land since the deceased died, and thus, (c) on May 9, 2009, the Plaintiff acquired the instant real estate by prescription for the period of 20 years thereafter.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the instant real estate upon completion of the acquisition by prescription.

2. The person who asserts the acquisition by prescription shall prove his/her possession.

However, it is not sufficient to acknowledge that the Plaintiff occupied the instant real estate for not less than 20 years only with the statements or images of evidence Nos. 10, 18, and 21, and witness G testimony, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion is rejected.

3. The plaintiff's claim for conclusion is dismissed for reasons.