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(영문) 청주지방법원 2014.01.15 2013가단5978
시효취득완성을원인으로한소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The network E owned 23,405 square meters of F forest land in the Chungcheongbuk-gun (hereinafter “F forest”) and 21,233 square meters of D forest land (hereinafter “D forest land before division”).

B. On May 14, 197, a 7,097 square meters was divided from D forest land before subdivision, and G (hereinafter “G forest”). The area of D forest land (the instant forest land) was 14,126 square meters after subdivision.

C. As to the forest land of this case, ① on September 6, 1979, the registration of ownership preservation (hereinafter “the preservation registration of this case”) was completed in accordance with the Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094), ② on October 26, 1979, the Cheongju District Court received No. 64401, Oct. 18, 1979, and the Defendants, as well as the LI, and the network J (hereinafter “the Defendant”), with respect to the registration of ownership transfer (hereinafter “the registration of this case”).

Until now, only the forest land of this case is registered, and the forest land owned by the network E is unregistered.

E. The net E died on July 22, 1992, and the Plaintiff solely inherited the above forest land owned by the network E.

F. The property tax on F forest land and G forest has been paid since 2001 by K as a net E.

G. The Defendants paid property tax on the forest land of this case.

H. F Forest land and D forest land prior to subdivision were in contact with the boundary line that connects the points of 1,17 of the annexed map No. 1, and the said line is currently F Forest and G forest boundary line.

【Ground of recognition】 without any dispute, Gap evidence Nos. 1, 2, and 3; Gap evidence Nos. 4, 5; Gap evidence Nos. 6-1 through 7; Gap evidence Nos. 9-1 and 2; inquiry results with respect to the head of the petition of this court; the purport of the whole pleadings

2. The plaintiff's assertion

A. The net E, around 1974, connects H with each point of “” in the attached Form 8, 9,10, 11, 12, 13, 14, and 8, in sequence, of F Forest land indicated in the attached Form No. 8, 9,17 square meters (hereinafter “instant dispute land”).

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