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(영문) 대구지방법원영덕지원 2016.08.09 2015가단2022
소유권이전등기
Text

1. The Defendants shall acquire by prescription on March 2, 201 from the Plaintiff with respect to one-half shares of one-half square meters, each of which is 922 square meters in Yong-gun D, Chungcheongnam-gun.

Reasons

1. The following facts may be recognized in full view of the arguments and the purport of the entire arguments in each entry or video of Gap 1 to 9 (including each number), and witness Eul's testimony. Each entry of Eul 1 to 3 alone is insufficient to reverse the recognition, and there is no other counter-proof.

1) F (G) around January 19, 1938, around 19, 1938, the registration relation to the instant real estate is 922 square meters (hereinafter “instant real estate”).

(2) The Defendants completed the registration of ownership transfer with respect to the instant real estate based on the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 7500). The Defendants completed the registration of ownership transfer based on the inheritance on September 27, 2007, the receipt No. 12959 of the Daegu District Court (No. 12959, Sept. 27, 2007).

B. H, which was the Plaintiff’s reference to the possession relationship of the instant real estate, was occupied and managed by setting a farmer on the instant real estate since before 1991, and died on March 2, 291.

Since then, the plaintiff has been engaged in growing the real estate of this case to I or other relatives, etc. residing in the vicinity.

2. The possessor of the cause of the claim is presumed to have occupied the instant real estate in good faith, peace, and public performance with his/her own intent (Article 197(1) of the Civil Act). In the calculation of the period of prescriptive acquisition, the initial date of the commencement of possession shall be determined at the time when the owner can assert the completion of prescriptive acquisition if there is no change in the owner (see, e.g., Supreme Court Decision 97Da44089, Apr. 14, 1998). According to the foregoing facts, according to the foregoing facts, the Plaintiff occupied the instant real estate with the intention of possession of the instant real estate for the period of March 20, 201 as the starting date of the possession of the instant real estate, and it was concluded that the prescriptive acquisition of the instant real estate was completed.

Therefore, the Defendants are therefore.

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