소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On October 1954, Korea Trust Bank was merged with Korea Commercial Bank and changed into Korea Commercial Bank, Korea Commercial Bank, Korea Commercial Bank, and Korea Commercial Bank, Korea Commercial Bank, and Korea Commercial Bank, and changed the name of the defendant since the merger into Korea Commercial Bank.
Plaintiff’s assertion
The Korea Trust Bank Co., Ltd. (hereinafter “Korea Trust Bank”) completed the registration of ownership transfer on each land stated in the purport of the claim on February 18, 1937 (hereinafter “each land of this case”) due to the trust act as of January 1, 1937.
The deceased F (the deceased on May 27, 1976, hereinafter “the deceased”) who is the father of the Plaintiff purchased the entire land of this case from the Korea Trust Bank on November 15, 1946, but completed the registration of ownership transfer on November 22, 1952 only with respect to each share of 685/1281, not the total share.
The Deceased cultivated each of the instant lands and donated the entire land to the Plaintiff on or around March 1974. From that time, he continuously occupied the Plaintiff’s intention and continuously occupied it, and around March 1994, the prescriptive acquisition for each of the instant lands, the remainder of which the Deceased did not complete the registration of ownership transfer (i.e., - 1 - 685/1281, hereinafter “each share owned by the Defendant”).
Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on each share owned by the Defendant to the Plaintiff based on the completion of the acquisition by prescription.
Judgment
According to the plaintiff's argument prior to the order of judgment, the deceased died on May 27, 1976, and the plaintiff cultivated each of the land of this case by donation from the deceased on March 1974, the previous owner of the land.
In order to recognize the prescriptive acquisition, it is necessary to prove that the Plaintiff occupied real estate in peace and openly with the intention of possession for twenty years (Article 245(1) of the Civil Act). In this case, it is proved that the Plaintiff commenced possession of each of the instant land before the deceased’s birth.