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(영문) 창원지방법원 진주지원 2018.01.26 2017가단793
소유권이전등기 등
Text

1. As to the real estate stated in the attached list to the Plaintiff, Defendant C was caused by sale on February 29, 1992.

Reasons

1. Basic facts

A. Defendant C owned the real estate indicated in the attached list (hereinafter “instant land”) and D forest land of 10,116 square meters (hereinafter “other land”). On June 10, 1983, Defendant C completed the registration of ownership transfer with respect to the instant land as the receipt No. 8687, Jun. 10, 1983, and completed the registration of ownership transfer with respect to the instant other land on March 20, 192.

B. The network E died on April 17, 198, and Defendant B completed the registration of ownership transfer on February 17, 2004 as the receipt No. 2453 of February 17, 2004 as to the land of this case on the ground of inheritance by agreement division.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-1, 2-2

2. Determination as to the plaintiff's claim against the defendant B

A. 1) On February 29, 192, the Plaintiff asserted that the Plaintiff purchased the instant land from Defendant C, and delegated the registration of ownership transfer to a certified judicial scrivener on March 20, 1992. A certified judicial scrivener completed the registration of ownership transfer on the instant land, not the instant land, by mistake. On March 20, 1992, the Plaintiff occupied the instant land by delivery from Defendant C for not less than 20 years. Since the acquisition by prescription was completed on March 20, 2012 after the lapse of 20 years from the date the Plaintiff occupied the said land, the Defendant must implement the registration procedure for ownership transfer on the ground of the completion of the prescription period for the said acquisition by prescription.2) Since the acquisition by prescription was completed on March 20, 2012, the Defendant did not have any other evidence to acknowledge that the Plaintiff occupied the instant land for not less than 20 years on the basis of the evidence submitted by the Plaintiff, including the testimony by the witness F, and the result of on-site verification by this court.

B. On February 29, 1992, the Plaintiff asserted the conjunctive claim by Defendant C.

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