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(영문) 광주지방법원 2015.07.02 2014가단22524
소유권이전등기
Text

1. The Defendant shall, in turn, take the following points in order: (a) the attached drawing indication 1, (b) the Creamble, and (c) the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 1, 1965, the Plaintiff’s attached network D (hereinafter “the Plaintiff’s attached network”) purchased 321 square meters in Gwangju Mine-gu E (hereinafter “instant land”) and completed the procedures for registration of ownership transfer on February 5, 1979.

B. After purchasing the instant land, the Deceased, at least around February 5, 1979, stored a fence, including 1, 2, 3, 16, 16, 16, 16, 16, 200 square meters in the attached drawings among the F (Road Address: Gwangju Mine-gu C) and 436 square meters (hereinafter “the instant land”) owned by the Defendant adjacent to the instant land (hereinafter “the instant land”) and occupied the instant land 1 and the instant dispute land.

C. As of April 2, 1982, the deceased died on April 2, 1982, the Plaintiff inherited the land No. 1 in this case through a consultation division, and possessed the said land and the instant dispute land as of the closing date of the pleadings in this case.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 and 2-1, the result of the survey and appraisal by appraiser G, the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is presumed that the Plaintiff, including the possession of the deceased, was presumed to have occupied the land of this case in peace and public performance from February 5, 1979 at least with the intention of possession (Article 197(1) of the Civil Act). Thus, barring any special circumstance, it shall be deemed that the Plaintiff acquired the land of this case in public performance on February 5, 199 after the lapse of 20 years from the date of prescription.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on February 5, 199 with respect to the land in the dispute in this case to the plaintiff.

3. Judgment on the defendant's assertion

A. Before the Deceased’s assertion begins possession of the land in the dispute of this case, the land in the dispute of this case constitutes the ownership of the Defendant. Accordingly, the possession of the Deceased’s land in the dispute of this case does not constitute a juristic act or any other legal requirement that could constitute the cause of acquisition of ownership.

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