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(영문) 전주지방법원 2019.07.11 2018나4331
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The defendant on December 31, 1999 concerning the real estate stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 7, 1947, the registration of ownership transfer was completed on the real estate listed in the separate sheet ( regardless of whether the number and size of the land in this case was changed before the land substitution as of June 3, 2010 under the Agricultural Infrastructure Development and Expansion Act; hereinafter “instant land”) due to sale as of December 10, 1946.

B. Since then, on September 11, 1948, the registration of ownership transfer was completed on May 7, 1996 on the land of this case by reason of the first agreement on the financial and property concluded between the Government of the Republic of Korea and the Government of the United States, and the Asset Management Act on September 11, 1948.

C. Since around 1979, the Plaintiff occupied the instant land from around 1979 to the present date, leaving a rice shed in the instant land.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 15 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. In around 1979, the Plaintiff: (a) donated the instant land from the deceased C, the father of the Plaintiff (hereinafter “the deceased”); and (b) had occupied the instant land in a peaceful manner with the intention to own it for at least 20 years thereafter; and (c) accordingly, the period of extinctive prescription for the possession of the instant land was completed on December 31, 2016, based on the initial date of the end of December 31, 1996.

Therefore, the Defendant, who is the owner on the registry of the instant land, is obligated to implement the registration procedure for transfer of ownership on December 31, 2016 with respect to the instant land to the Plaintiff on the ground of the completion of prescriptive acquisition.

B. Although the land in this case was owned by Korea before and after August 9, 1945, and was not owned by Korea, the registration of transfer of ownership in the name of the defendant was completed due to the reversion of rights in accordance with the Act on the Disposal of Property Belonging to Ownership, etc.

Therefore, the defendant.

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