logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2020.10.13 2019가단25065
소유권확인
Text

1. The defendant is based on the completion of the acquisition by prescription on April 23, 1996, with respect to 1,617 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

(a) The history of the land (1) is located on May 30, 1914, and is located in the name of E on May 30, 1914, on the old land cadastre of 538, Gosung-gun, Gosung-gun, Gyeongnam-gun (No. 9 years);

4.20. It shall be noted that the transfer of ownership has been registered in the F’s name.

(2) On May 30, 1914 (Seoul High-gun, 3 years Gyeong-gun), the land cadastre of the 2nd Gyeongsung-gun G is assessed in the name of H on May 30, 1914, and is written as the ownership transfer registration was made in the name of F on February 15, 1915 (Seoul High-gun, 4 years 5 years).

(3) A land rearrangement project under the Agricultural Community Modernization Promotion Act was implemented in the whole area of the above land around 1974. On February 4, 1976, the competent authority publicly announced a land substitution plan with the content of substitution of the land at 538 square meters and 2 square meters (hereinafter “the previous land”) in Jinsung-gun, Jinsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeongsung-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong

(4) On April 30, 1975, the ground for the completion of subdivision rearrangement on April 23, 1976, the registration of ownership was made in the name of F on the ground of the change in the commissioned registration. The said land was later registered on March 1, 1978 with the area converted into the area of 617 square meters on March 1, 1978.

(hereinafter “instant land”). (b)

(1) From around 1970, the Plaintiff occupied and used the previous land from around 1970, and thereafter occupied and used the land of this case after the disposition of the above replotting.

(2) On February 3, 1973, F died, and its inheritors entered into an agreement on the division of inherited property on September 16, 2019 with the content that the instant land was owned solely by the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5 through 12 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the plaintiff is presumed to possess and use the land in this case from April 23, 1976 to 20 years since it was difficult to take a disposition of replotting, and the plaintiff is presumed to possess and use the land in this case for more than 20 years. Thus, the plaintiff is presumed to possess the land in a peaceful and public performance manner with its own intent. Accordingly, it is around April 23, 1996 after

arrow