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(영문) 창원지방법원통영지원 2017.06.14 2016가단3347

소유권이전등기

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1. The Defendants completed the acquisition by prescription on August 18, 1991 with respect to the inheritance shares attached to the attached Form 919 square meters among the attached Form I at I prior to 919 square meters to the Plaintiff.

Reasons

In addition to the statement in Gap evidence Nos. 2, 6, and 8, the plaintiff purchased (hereinafter "K land") the same 770 square meters (hereinafter "the sales contract of this case") from J around August 18, 1971 with the same 919 square meters (hereinafter "the land of this case"), which is adjacent from J around 18, 1971, and thereafter possessed until now. The defendants can recognize the fact that the registration titleholder of the land of this case is currently registered (each share is the same as the attached Form).

A person who possesses real estate in peace and openly and openly with an intention to own it for twenty years shall be presumed to have occupied it in good faith, peace, and openly and openly by its registration (Article 245(1) of the Civil Act), and the possessor shall be presumed to have occupied it by its own

(Article 197(1) of the Civil Act. Therefore, barring any special circumstance, the Plaintiff is presumed to have occupied the instant land in peace and openly and openly from August 18, 1971 with intent to own it for twenty (20) years from August 18, 1971. Therefore, the Defendants are obligated to implement the procedure for the transfer registration of ownership

As to this, the Defendants asserted that the Plaintiff’s land cadastre, the seller of which was not J at the time of the instant sales contract, was confirmed and subsequently purchased and occupied the instant land, and thus constitutes an unauthorized occupation in bad faith.

According to the evidence Nos. 2 and 3, the fact that L is indicated as the owner at the time of the instant sales contract, ② the fact that J is indicated as the owner in the land cadastre on the K land where the sale and purchase was made together with the instant land, ③ the Plaintiff prepared a single sale certificate as to the said two land, and decided the purchase price, ④ the Plaintiff paid the property tax on the instant land from 2005 to the date of payment.

However, if the purchaser of land acquires the possession of land by the sale contract, another person.