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(영문) 서울중앙지방법원 2020.08.11 2019가단5255778
소유권이전등기
Text

1. The Defendant is based on the completion of extinctive prescription on August 20, 2016 with respect to the land size of 118 square meters in Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. Facts of recognition;

A. On March 1996, the head of Jeollabuk-do, when implementing a project for the development of long-Gun C District in 1994, the head of Jeollabuk-do, upon receiving an application for authorization on the replotting plan (hereinafter “instant replotting”) from the Governor of Jeollabuk-do.

B. On December 20, 1973, the land Category D (hereinafter “instant land before the instant land substitution”) was divided from E to a road, and the land category was converted from E to a road. On July 27, 1981, the head of Si/Gun acquired ownership. On April 1, 1996, the former Rearrangement of Agricultural and Fishing Villages Act (amended by Act No. 5279, Jan. 13, 1997; hereinafter “former Rearrangement of Agricultural and Fishing Villages”), which was designated as the land substitution through the instant land substitution approved by the Minister of Agriculture and Forestry for replotting pursuant to the Rearrangement of Agricultural and Fishing Villages Act (hereinafter “former Rearrangement of Agricultural and Fishing Villages”), and became the Defendant’s ownership (the competent authority: the Ministry of Agriculture and Forestry).

C. The instant land before the instant land substitution and the instant road site managed by the heading-gun was used as a road, such as the Jeonbuk-gun G road land, H road land, I road land, J road land, and K road land as shown in the annexed aerial photography and drawings. The said road was the only road leading to farmland between a river, forest, and forest. However, after the said improvement project, the road was constructed on north-wester road and the instant land was part of the discussions on the previous road site, including the instant land.

On December 31, 1966, the Plaintiff’s attached L acquired the ownership of 1,227 square meters in Jeonnam-gun, Jeonnam-gun, Ma, and on December 24, 1968, the ownership of 1,674 square meters (hereinafter “the Plaintiff’s land”). Since that time, the Plaintiff acquired the ownership of the Plaintiff’s land in this case on December 24, 1968, and died in rice farming continuously from the Plaintiff’s land in this case. The Plaintiff acquired the ownership of the Plaintiff’s land in this case on July 23, 2010 through an inheritance division and division, and then renders rice farming so far.

E. The instant land is located between the instant land owned by the Plaintiff and remains effective from the date of the instant land substitution without any boundary.

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