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(영문) 부산지방법원 2018.07.12 2017가단319657
소유권이전등기
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

Ownership shares in each real estate listed in the separate sheet of the Defendants (hereinafter “instant land”) are as specified in the ownership shares in the separate sheet.

On November 12, 1932, the land No. 1 was changed to a road on November 30, 1932, and the land No. 2 was divided into R, respectively, and the land category was changed to a road on November 30, 1932.

(A) The Defendants’ shipbuilding S acquired the land before the instant partition due to April 20, 1912, and the Defendants’ shipbuilding S acquired the land before the instant partition. Of which, the land before the instant partition was changed on November 20, 1928 to the Defendants’ shipbuilding T.

At present, the land of this case is used as part of the national highway U.S., and the Busan subway V line passes according to the above national highway.

Some of the Defendants filed a lawsuit against the Plaintiff for unjust enrichment claim against this Court 2015 Ghana577330, which sought a reasonable amount of the rent for the instant land. On November 23, 2016, the judgment dismissing the claim was rendered on November 23, 2016, and thus, the appeal was lodged by this Court 2016Na55049, but the judgment dismissing the appeal was rendered on April 20, 2017, and became final and conclusive around that time.

(hereinafter “Related Cases”). (hereinafter “Related Cases”), without dispute, each entry of Gap 1, 3, 4, 6, and 7 evidence (including a serial number; hereinafter the same shall apply), and considerable facts in this court, and the Plaintiff’s assertion of the purport of the entire pleadings was occupied in good faith, peace, and public performance as road sites from November 30, 1932, the land category of the Plaintiff changed to a road. Thus, the acquisition by prescription was completed on November 30, 1952 after the lapse of 20 years thereafter.

If the nature of the source of possessory right of any pertinent legal real estate is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Code, but the possessor does not have such legal requirements without any legal act or other legal requirements which may cause the acquisition of ownership at the time of commencement of possession.

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