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(영문) 청주지방법원 2018.09.20 2018가단20491
소유권이전등기
Text

1. The defendant is based on the completion of the prescriptive acquisition on September 19, 200 with respect to B forest land No. 4,422 square meters in Cheongju-si.

Reasons

1. Facts of recognition;

A. Around 1974, part of the C forest land 74,777 square meters (hereinafter “Before subdivision”) was incorporated into the “H” site connecting the Cheongju-si, Cheongju-si, the Edong, Fdong, and G Dong area.

around 1976, the Plaintiff was affixed a seal on each document to the effect that he/she donated 1,040 of the forest land before subdivision to the Plaintiff and that he/she consented to the entrustment of ownership transfer registration.

B. On September 19, 1980, the Plaintiff completed H construction including the land before subdivision, and divided B forest No. 4,667 square meters from the land before subdivision (the Plaintiff obtained the consent of the Cheongju-si Office Office of the Korea Bank (hereinafter referred to as the “instant land”) into H, and again, on March 8, 1994, divided L forest No. 245 square meters from the instant land into the land before subdivision, and became the current B forest No. 4,422 square meters (hereinafter referred to as the “instant land”).

The plaintiff is occupying and managing the land of this case as a road until now.

C. On the other hand, on July 7, 1987, I completed the registration of ownership transfer on the ground of donation on June 26, 1987 to the defendant, who is the son of the land of this case.

[Ground of recognition] The non-contentious facts, Gap 1 through 6 evidence (including all branches number; hereinafter the same shall apply), Eul 1 to 6 evidence, fact inquiry results on the Mdong community service center, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of claim, the plaintiff occupied the land of this case as H site for not less than 20 years from September 19, 1980 to the date, and such possession is presumed legally to have been performed in a peaceful manner with the intent to own the land, and barring any special circumstance, it shall be deemed that the period of prescription for the plaintiff's possession of the land of this case has expired. Thus, the defendant is obligated to complete the registration of ownership transfer on the land of this case for the completion of the prescriptive acquisition on September 19, 200.

B. Judgment on the Defendant’s assertion 1.

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