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(영문) 대전지방법원 2017.06.08 2016가합104542
소유권이전등기
Text

1. On December 31, 2010, the Defendant acquired the prescription of possession on December 31, 2010, with respect to the land of 1,348 square meters in Seo-gu Daejeon-dong, Daejeon-dong 503 square meters.

Reasons

Facts of recognition

The plaintiff is a public corporation established for the purpose of the comprehensive development and management of water resources, smooth supply of water for living, improvement of water quality, etc.

The land indicated in the order (hereinafter “instant land”) adjoins the land owned by the Plaintiff and 383-13, Dong-dong 383-13 (acquisition on August 1, 1973 for the purpose of the Plaintiff’s headquarters building site), the land (acquisition on August 23, 1973 for the purpose of the Plaintiff’s headquarters building site), and the land of 20-5, Dong-dong 20-5 (acquisition on November 4, 1975 for the purpose of the Plaintiff’s headquarters building site) and the land of 26, Dong-dong 26 (acquisition on September 5, 197 for the purpose of the Plaintiff’s headquarters building site and playground site, and the Defendant had registered the ownership preservation on April 15, 2016.

The Plaintiff acquired the land adjacent to the instant case for the purpose of using it as the site for the building of the headquarters before and after 1974, which was relocated to Daejeon, and was unaware of the existence of the instant land adjacent to the surrounding land at the time of acquisition.

The Plaintiff newly constructed a building of the fifth floor above the ground level in 1975 on the ground of the surrounding land acquired as above, and a building of the fourth floor above the ground level in 1979.

After the Defendant newly registered the instant land on the land cadastre as a state-owned miscellaneous land land cadastre, the Daejeon District Court (Seoul District Court) had completed the registration of initial ownership on April 15, 2016 as the receipt No. 7454.

On April 28, 2016, the Defendant notified the Plaintiff, who occupied the instant land through the Korea Asset Management Corporation, an entrusted institution for the management and disposal of State-owned general property, of the fact that the Defendant paid the loan fee by May 12, 2016, and prepared and sent the loan application.

The Plaintiff requested the Defendant to extend the deadline for concluding a loan agreement until May 26, 2016 for internal review of the conclusion of the loan agreement. On May 27, 2016, the Plaintiff filed an application for the loan property with respect to the instant land.

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