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(영문) 제주지방법원 2018.01.08 2017가단7360
소유권이전등기
Text

1. The defendant is based on the completion of the acquisition by prescription on December 3, 2006, with respect to C Forest land No. 483 square meters in Jeju-si.

Reasons

1. Basic facts

(a) Jeju City D Prior to D, 746 square meters, 1913 (2 years, 1913 square meters);

8.1. An assessment was made in the name of E on November 25, 1941, and was divided into 589 square meters (1947 square meters, hereinafter “1”) and 146 square meters (483 square meters, hereinafter “the instant land”).

B. On Apr. 8, 1974, the registration of ownership preservation was completed in the future of E on Apr. 8, 1974; on Jan. 20, 1977, the registration of ownership transfer was completed in the future of F on Jan. 20, 197; on Dec. 3, 1986, F’s wife G on Sep. 30, 1987, G died on Sept. 30, 1987, and the registration of ownership transfer was completed on Sep. 30, 1987 on Feb. 27, 1987.

C. On September 11, 2013, the registration of ownership preservation was made on the instant land in the future of the Defendant.

[Ground of recognition] Facts without dispute, Gap 1-10, 17 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant sold the Plaintiff’s land No. 1 and this case’s land to F along with the Plaintiff’s sale, and F, while occupying the land No. 1 and this case’s land, donated land No. 1 and this case’s land to G, and G succeeded to the possession of land No. 1 and this case’s land from December 3, 1986, and after G’s death, the acquisition by prescription was completed on December 3, 2006, since the Plaintiff succeeded to the possession of G with respect to the instant land.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land due to the completion of acquisition by prescription.

B. Defendant (1) only sold the instant land to F. The Defendant did not sell the instant land to F. The Defendant’s use of the instant land for the purpose of managing and punishing the said cemetery, with the Defendant’s tombe E and Ma-I, and with the instant land on the H cemetery 9 square meters between the instant land and the instant land.

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