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(영문) 대구지방법원김천지원 2019.11.14 2019가단31678
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. In the first place, from June 20, 1979, the Plaintiff continuously occupied the instant land by managing 2 glue trees planted by the Plaintiff or the Plaintiff’s father, etc., and thereby, the Plaintiff’s possession of the instant land was completed on June 20, 199, and thus, the Defendant, the owner of the instant land, is obliged to implement the registration procedure for ownership transfer on the instant land on the ground of the completion of the prescription period for possession acquisition on June 20, 199.

B. Preliminaryly, around September 20, 1961, the above D occupied the land of this case as well as the building on the land of this case, and occupied the land of this case in peace and openly with its intent to own it. When the building, etc. on the ground of this case was completely removed in around 1972, the land of this case continued to occupy the land of this case by planting and managing 2 glue trees. On June 20, 1979, the Plaintiff continued to occupy the land of this case in peace and openly and openly with his intention to own it after succeeding possession on or around June 20, 1979. Since the acquisition by prescription of the Plaintiff’s possession on the land of this case was completed on September 20, 1981, the Defendant, the owner of the land of this case, is obligated to implement the registration procedure for ownership transfer on the land of this case to the Plaintiff on September 20, 191.

2. Determination

A. First of all, we examine whether the Plaintiff occupied the land in this case from June 20, 1979.

According to the result of the appraisal commission for the Korea Land Information Corporation, the fact that 2 glue trees are planted on the land of this case can be acknowledged.

However, in light of the following circumstances, Gap evidence Nos. 8, 12, and 14, and Eul evidence Nos. 1 (including serial numbers) and the overall purport of this Court’s appraisal commission to the Korea Land Information Corporation, which are acknowledged by comprehensively considering the following circumstances:

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