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(영문) 청주지방법원 2016.09.22 2015가단110249
소유권이전등기
Text

1. The defendant has completed the acquisition by prescription on May 6, 1992 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On February 15, 1936, C residing in B at Cheongju-si was registered as transfer of ownership of each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) on February 15, 1936. As to the real estate listed in paragraph 4 of the separate sheet, registration of ownership preservation was completed in C’s name on December 26, 1962.

9. The registration of ownership transfer was completed on September 11, 1948 under the name of the defendant, and the registration of ownership transfer was completed on April 9, 2015 with respect to the real estate stated in the list 1, 2, 3, 4, and 5.

B. On May 6, 1972, the Plaintiff purchased Cheongju-si E, F, G, and H from Cheongju-si, and completed the registration of ownership transfer on May 29, 1972. Each of the said lands was incorporated into E-A-U. 4248 square meters (the area was corrected from 4393 square meters on July 25, 2005 to 4248 square meters), and thereafter divided into E-U. 1653 square meters, I-U. 2583 square meters (the two parcels were collectively referred to as “the instant orchard”).

C. From May 6, 1972, the Plaintiff occupied and used the instant orchard and each of the instant land adjacent to the instant orchard as an orchard.

However, from March 2015 to March 1, 2015, the land category of the E- orchard 1653 square meters in Cheongju-si is changed into a miscellaneous land, and each land specified in the attached Tables 1, 5, and 6 is occupied as a site for sunrise.

The current status of the orchard of this case and each land of this case shall be as shown in the attached appraisal sheet.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 14 (including paper numbers), Eul evidence 1 through 3, and the result of on-site inspection on January 25, 2016 of this Court, the purport of the entire pleadings as a result of a request for surveying and appraisal to the Director of the Cheongdong-dong Vice Governor of the Korea National Land Information Corporation;

2. According to the above facts of determination as to the cause of the claim, it can be recognized that the plaintiff occupied each of the lands of this case for not less than 20 years from May 6, 1972, and the above possession is peace and peace with the intention of possession.

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