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(영문) 대전지방법원공주지원 2019.03.28 2017가단22161
소유권이전등기
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) B is marked with the annexed map No. 5,374 square meters of forest E, Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. Defendant B shares 1/2, and Defendant C and D shares 1/4, respectively, in the forest E in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant forest”).

B. On September 13, 1995, the Plaintiff purchased G forest land 1,565 square meters adjacent to the instant forest (hereinafter “Plaintiff’s land”) from F, and completed the registration of ownership transfer on October 2, 1995.

C. Around September 1995, the Plaintiff created the Plaintiff’s relative H’s grave on the Plaintiff’s land. A part of the said grave accounts for a size of 130 square meters in the ship connecting each point of the annexed map Nos. 5, 31, 32, 33, 34, 35, and 5, among the instant forests and fields.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 4, 6 (including each number; hereinafter the same shall apply), the result of each survey appraisal conducted by the Cheongyang branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. 1) The plaintiff purchased the plaintiff's land from F from F, while the plaintiff purchased the plaintiff's land, the land in this case was part of the plaintiff's land. At the time, there was a boundary between the land in this case and the remaining part of the forest in this case. The plaintiff knew that the land in this case belongs to himself/herself and continuously occupied the land in this case's friendship H's grave and it continuously occupied it by his/her own intention.

Therefore, on October 2, 2015, the Plaintiff completed the prescriptive acquisition of the instant dispute land on October 2, 2015, when 20 years elapsed since October 2, 1995, which completed the registration of ownership transfer with respect to the Plaintiff’s land at the latest.

B. The Defendants, around October 2008, known to the Korea Rural Community Corporation that part of the I forest land in Cheongyang-gun, Cheongyang-gun, including the instant forest land, was invaded by the Plaintiff in the course of dividing and selling part of the I forest land in order to measure the land in question, and thereafter, the Defendants came to know that the Plaintiff violated the instant land in question on several occasions.

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