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(영문) 광주지방법원 2017.11.24 2016나59989
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 7, 1989, E entered into a sales contract with H, which is the Defendant’s father’s agent, to purchase FY 1,293 square meters owned by D (hereinafter “instant neighboring land”) and 218 square meters (hereinafter “instant land”).

E completed the registration of ownership transfer on September 21, 1989 with respect to the land adjacent to this case on October 2, 1986.

B. On September 9, 1996, the Plaintiff entered into a sales contract with E to purchase the neighboring land of this case and the land of this case, and as a special terms and conditions, the Plaintiff determined that “the relation of the transfer of ditches shall be the period during which the seller moves from D to the buyer after the completion of the transfer.”

The plaintiff completed the registration of ownership transfer on September 16, 1996 on the neighboring land of this case on September 16, 1996.

C. On November 29, 2006, the Plaintiff obtained permission to engage in development activities for raising the level of good farmland with respect to the neighboring land of this case, and received completion inspection around November 30, 2007.

D The D died on March 24, 2006, and the Defendant, who is the inheritor of D, completed the registration of ownership transfer on September 4, 2015 on the instant land due to inheritance on March 24, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, Eul evidence 22 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. From April 7, 1989, the Plaintiff’s assertion E occupied and occupied the neighboring land of this case and the land of this case as farmland. The Plaintiff also purchased the neighboring land of this case and the land of this case from E on September 9, 1996 and used them as farmland.

Inasmuch as the acquisition by prescription of the instant land was completed on April 7, 2009 after the Plaintiff succeeded to the possession of E and the lapse of 20 years from April 7, 1989, the Defendant shall take the procedure for the registration of transfer of ownership based on the completion of acquisition by prescription against the Plaintiff.

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