logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.01.22 2019나311703
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The Defendant’s acquisition by prescription on September 3, 2018 with respect to the Plaintiff’s 2225 square meters in Kimcheon-si, Kimcheon-si.

Reasons

1. Basic facts

A. The Plaintiff filed an application for the registration of replotting with respect to the Plaintiff’s 610 square meters and 61 square meters in Si/Gun E, and the Plaintiff filed an application for the registration of replotting on March 24, 1972 (hereinafter “instant land”). On March 24, 1972, Kimcheon-si E, Kimcheon-si, Kimcheon-si, 225 square meters in size (hereinafter “instant land”).

B. The registration request for replotting was written by the Defendant as a person who received a substitute land with regard to 61 f1 ep. F. F. F., D, as a person who received a substitute land with regard to 610 ep., Geumne-gun E.

C. The land cadastre is written by D, the Defendant, as co-owners of the instant land after replotting.

As to the land of this case on February 27, 1961, the registration of transfer of ownership was completed on the grounds of sale as of May 5, 1960, and the registration of transfer of ownership was completed on January 29, 1972 on the grounds of sale as of January 25, 1950.

In light of the fact that the day when the cause date for the above transfer of ownership is before the substitute registration is made, it seems that the ownership relationship between the 610 square meters and the 61 square meters of the Fung-gun in the Geumne-gun before the substitute registration is made.

E. The above D was deceased on September 3, 1998 on the ground that the Plaintiff’s attachment D and name and address are identical, and that D were deceased on September 3, 1998.

F. D occupied the instant land before its death, and thereafter, the instant land is currently owned by the Plaintiff.

The Plaintiff also leased the instant land to H, etc.

Meanwhile, the Plaintiff’s family members, such as D, are paying taxes on the instant land from 1996.

[Reasons for Recognition] Each entry of Gap evidence 1 to 8 (including each number; hereinafter the same shall apply), the testimony of the witness of the first instance court H, the purport of the whole pleadings

2. The assertion and judgment

A. On February 17, 1996, the Plaintiff’s Plaintiff’s Plaintiff’s assertion D purchased the instant land from the Defendant in KRW 235,550, and occupied and used it. Around 1968, the Plaintiff donated the instant land to the Plaintiff on February 17, 1996, and the Plaintiff occupied the instant land in a peaceful and public manner with its own intent until now.

Therefore, on February 17, 2016, when 20 years have passed since the Plaintiff donated the instant land.

arrow