소유권이전등기
1. The Defendant, on February 22, 2013, based on the completion of the prescriptive acquisition on February 22, 2013, with respect to the Plaintiff’s 4,871 square meters prior to Jeonnam-gun, Jeon
1. In full view of the following facts: Gap evidence Nos. 1 through 5 (including additional numbers), Eul’s testimony, and the result of the on-site inspection of this court’s argument as to the cause of the claim, the plaintiff may be acknowledged as having been continuously occupied by being transferred possession of 4,871m2 in the 1983, Jeonan-gun-gun, Jeonnam-gun, the father of the plaintiff, the Doz. (hereinafter “the land in this case”).
On the other hand, the possessor is presumed to have occupied the real estate in peace and public performance by his own will (Article 197 of the Civil Code), and if the owner of the real estate is the same and there is no change in the real estate during the possession period, he can arbitrarily choose
Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for ownership transfer on or around February 22, 2013 with respect to the instant land as the Plaintiff seeks.
2. The defendant's assertion is alleged to the effect that "the land of this case is an administrative property as public waters until June 21, 1993, and thus it does not constitute an administrative property." However, there is a lack of evidence to acknowledge that the land of this case constitutes administrative property, so the defendant's above assertion is without merit.
3. Conclusion, the plaintiff's claim is justified and acceptable.