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(영문) 대전지방법원홍성지원 2015.10.21 2014가단12898
소유권이전등기
Text

1. The Defendant, on January 20, 201, based on the completion of the statute of limitations for the acquisition of possession on January 20, 2013, with respect to the Plaintiff’s 1,595 square meters.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The fact of recognition was distributed to E in accordance with the former Farmland Reform Act (repealed by Article 2(1) of the Addenda to the Farmland Act (Act No. 4817 of Dec. 22, 1994).

E died on May 29, 1975, and F purchased the previous land from the inheritor around 1970 and occupied the previous land from around that time.

On August 7, 1992, the previous land was replaced with the land of 1,595 square meters (hereinafter referred to as the “instant land”).

The Plaintiff purchased the instant land from G, a representative of F on January 20, 1993, and occupied the instant land from around that time.

H was registered as an owner on August 10, 1948 on the land cadastre of the previous land, and registered as the owner on August 7, 1992 on the land cadastre of this case.

However, registration of preservation of ownership has not been made until now on the previous land and the land in this case.

H A deceased on October 10, 1952, and the defendant inherited family.

[Ground of recognition] Unsatisfy, Gap 1 through 8 (including each number in the case where there are several numbers), witness G, I, J, the purport of the whole pleadings

B. According to the above facts of recognition, from January 20, 1993, the Plaintiff commenced possession of the instant land from around 20 years to 20 years (it is presumed that the Plaintiff succeeded to the possession of the instant land after October 26, 1998 and occupied the instant land for at least 20 years up to 20 years). The Plaintiff’s possession of the instant land is presumed to have been of peace and public performance with the intention of possession under Article 197(1) of the Civil Act, and the Plaintiff acquired the instant land by prescription on January 20, 2013 after the lapse of 20 years from January 20, 1993 when possession of the instant land was commenced.

Therefore, at the time of completion of the statute of limitations.

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