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(영문) 대구지방법원안동지원 2013.10.25 2012가합2054
소유권이전등기
Text

1. As to the Plaintiff with respect to C road of 800 square meters in Ansan-si, Dong-si:

A. Defendant B received on May 30, 201 from the Daegu District Court, the Daegu District Court Branch of the District Court.

Reasons

1. Basic facts

A. On September 1, 1919, at 1,461, Defendant A’s Cho Dong-si was subject to the assessment of around 1913 by Defendant A’s Cho Dong-si, and was divided into 600 square meters and 242 square meters and 619 square meters prior to Ansan-si, Andong-si, Seoul-si, and dong-si.

B. On October 23, 1919, the land category of Ansan-si C road 242 square meters (hereinafter “instant land”) was changed to a road on October 23, 1919, and was incorporated into the National Highway 34 that connects Andong-dong and Ycheon around that time. Since then, the land was occupied and managed as the site for national highways, and was thereafter occupied and managed by the Plaintiff, who succeeded to the management from January 1, 1963, and was offered for public passage.

C. In July 19, 1941, the above E died on March 13, 1942, while the H, a family heir of H, died on March 13, 1942, and the Defendant A, a family head heir of H, completed the registration of ownership transfer on the instant land on May 30, 201, and on the same day, the registration of ownership transfer was completed on May 9, 201 with the Daegu District Court No. 14937 on the ground of transaction as of May 9, 201.

[Ground of recognition] Evidence Nos. 1, 2-1, 2-6-1 through 6, 19-30, Eul-1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) since January 1, 1963, the management of the instant land was completed on January 1, 1983, for which 20 years have passed since the Plaintiff continuously occupied the instant land in peace and openly with his intention to own, and for whom 20 years have passed since the said possession. (2) However, even though Defendant A knew that the Plaintiff was liable for the ownership transfer registration due to the completion of the prescriptive prescription, Defendant A sold the instant land to Defendant B on May 9, 201, and completed the ownership transfer registration under Defendant B’s name on May 30, 201, and Defendant B actively included in this act, the sales contract between the Defendants on the instant land is null and void.

3) Accordingly, Defendant A seeks implementation of the procedure for the transfer registration of ownership based on the completion of the prescriptive acquisition as to the instant land, and Defendant B.

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