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(영문) 대전지방법원 서산지원 2018.04.04 2017가단50701
소유권확인
Text

1. It shall be confirmed that B forest land B is owned by C with the land cadastre of 3,898 square meters as its owner in Seosan-si;

2. The costs of lawsuit shall be.

Reasons

In full view of the statements in Gap's evidence Nos. 1, 3, 4, and 5 and the purport of the entire pleading in witness D, C (Korean Chinese name: E) entered as its owner on May 12, 1912 on the land cadastre of Seosan-si B 3,898 square meters (hereinafter "the instant land"), and entered as its owner on May 12, 1912. The instant land is currently unregistered, and the plaintiff is in possession of the instant land owned by his father F from June 1, 1974 to June 1, 1974, by means of managing the instant forest by cutting down pine trees and planting them.

According to the above facts, the land of this case is owned by C, and it shall be deemed that the period of prescription for the acquisition of possession of the land of this case has expired on June 1, 1994 after 20 years from June 1, 1974 after the plaintiff occupied the land of this case in peace and openly with the intention to own the land of this case, and since then around June 1, 1994, it shall be deemed that the period of prescription for the acquisition of possession of the land of this case has expired. Thus, the plaintiff shall have the interest to seek confirmation of the land of this case against C or his heir to file a lawsuit claiming ownership transfer registration for the completion

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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