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(영문) 대전지방법원서산지원 2015.05.19 2014가단8884
소유권이전등기
Text

1. The defendant has completed the acquisition by prescription on December 31, 1979 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On October 5, 194, the Plaintiff’s telegraphic body, “net Repair Association” was established on the part of October 5, 194, and was merged into Korea Farmland Improvement Association on April 19, 1973, and thereafter the Korea Agricultural and Rural Infrastructure Corporation comprehensively succeeds to the duty of rights, and the name of the Korea Agricultural and Rural Community Corporation and the Plaintiff was changed in succession.

B. On December 3, 1937, Jin-gun A, the land prior to the subdivision of each of the instant lands, was registered as the ownership of the Sijin-gun School Expense (Defendant’s telegraph) on December 3, 1937, and 500 of the land was distributed to Nonparty B pursuant to the provisions of the Farmland Reform Act (Act No. 31 of June 21, 1949).

The Net Water Cooperative purchased 500 square meters of the above land from the above B and 475 square meters of the remaining land from the school expenses of the Jin-gun, Jin-gun, and completed construction work for constructing D reservoir (E reservoir, F reservoir, hereinafter “instant reservoir”) in Jin-gun, Jin-gun, Seoul around 1953, and completed construction around December 31, 1959.

Each land of this case is the site of the reservoir of this case from that time to that time.

C. The Plaintiff is maintaining and managing the instant reservoir from the completion of the reservoir to the date of its completion.

On December 22, 2006, the Defendant completed the registration of initial ownership of each of the instant land in each of the Defendant’s name.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 8 (including each number, hereinafter the same shall apply), Eul evidence 1, 2, 5 through 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the plaintiff occupied each land of this case, which is a site for a reservoir from December 31, 1959, which is the completion date of the reservoir of this case. Since the above possession of the plaintiff is presumed to have been occupied in peace and openly with the intention to own under Article 197(1) of the Civil Act, the plaintiff acquired each land of this case by prescription around December 31, 1979, which was 20 years after December 31, 1959.

B. The defendant's assertion that each of the lands of this case is administrative property is determined as to the defendant's argument.

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