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(영문) 대구지방법원 2014.11.19 2014나301701
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 11, and 25 (including paper numbers).

On March 27, 1970, D respectively completed the registration of ownership transfer with respect to the Nam-gu 116 (hereinafter “the land No. 1”) and C 213 (hereinafter “the land No. 2”). On October 10, 1999, Defendant E was deceased and Defendant E was 3/9 shares, and the remaining Defendants were 2/9 shares.

B. On July 2, 1973, the Minister of Construction and Transportation established an urban planning (financial expenses) as H on July 2, 1973, and decided to change the surrounding areas of each of the instant land to 30 meters wide.

C. On December 5, 1975, the head of Young-gu Gun occupied and used the land of this case as of December 5, 1975, the Plaintiff occupied and used the land of this case as of December 1, 200 since he started to occupy and use the land of this case since he divided the land of this case into the land of this case from Nam-gu B, Nam-gu 824, and from C, from C, 995 to the road after changing the land category from the land category

2. The summary of the Plaintiff’s assertion is that the Plaintiff occupied the instant land from December 5, 1975 to twenty (20) years, and it is presumed that the Plaintiff would have occupied the instant land in peace and openly held as the intent to own the instant land pursuant to Article 197 of the Civil Act. Therefore, the Defendants who jointly inherited D’s property jointly assumed the Plaintiff is liable to implement the registration procedure for transfer of ownership based on the completion of the prescriptive acquisition on December 6, 1995 with respect to the share in the attached inheritance among the instant land

3. Determination

A. If the nature of the title of the real estate in the pertinent legal doctrine is not clear, the possessor shall be presumed to have occupied the real estate in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. However, the possessor shall either initiate the procedure for acquiring public property by the State or a local government, such as his own share or donation, or by the State or a local government, as stipulated in the Local Finance

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