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(영문) 창원지방법원 밀양지원 2017.03.29 2016가단12078
소유권이전등기
Text

1. The defendant is based on the completion of the prescriptive acquisition on December 29, 1994 with respect to the land size of 681 square meters prior to C in Yangyang-si, the plaintiff.

Reasons

1. Facts of recognition;

A. On December 29, 1964, the Defendant’s father D completed the registration of transfer of ownership based on sale with respect to the land of 681 square meters (hereinafter “instant land”). The Defendant completed the registration of transfer of ownership on March 18, 191 by agreement division on January 4, 1991.

B. From December 29, 1974, the Plaintiff’s early e, early math E, early math F and father G cultivated bean, and the Plaintiff died on October 1991, and the siblings, including F, G and the Plaintiff continued to cultivate crops, such as bean, and the instant land. From around December 29, 2001, F, G and the Plaintiff were planted and managed 80gs of spe trees on the instant land.

Since then, G died on November 4, 2008, the Plaintiff and the Plaintiff’s h have continued to manage the bamboo trees planted.

C. On August 2, 2016, G, the heir of G, the J, H, K, and the Plaintiff agreed on the division of inherited property with the purport that G’s right to claim for the transfer registration of ownership over the instant land reverts to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 5, and 7 (if there is a provisional number, including branch numbers; hereinafter the same shall apply), part of Gap evidence 8-3, Eul's testimony, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted by the parties, G, as of December 29, 1974, occupied the land of this case in peace and public performance with its intention to purchase it from D, and the plaintiff inherited his right to claim ownership transfer registration due to the completion of the statute of limitations for the acquisition of possession of the land of this case against G from the death of G to the date of the inheritance of the right to claim ownership transfer registration due to the completion of the statute of limitations for the acquisition of possession of the land of this case. Since the statute of limitations for the possession of the land of this case was completed on December 29, 1994 after the lapse of 20 years from December 29, 194, the defendant succeeded to the possession of G as to the land of this case. Thus, the defendant is limited to the plaintiff who succeeded to the possession of this case due to the completion of the statute of limitations

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