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(영문) 창원지방법원 2016.10.26 2016나51372
소유권확인 등
Text

1. Revocation of the first instance judgment.

The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The former land cadastre concerning B B 372 square meters (which was converted into 1,230 square meters, hereinafter “instant land”) before Jinju-si, indicated that C received the assessment of the instant land on November 3, 1913, and C was written as the transfer of ownership of the said land on October 3, 1927, and E on December 3, 1927.

B. As to the instant land in which the Defendant had not been registered, the Defendant completed registration of ownership preservation under the name of the Defendant, which was received on September 4, 1986 from the Changwon District Court Branch, No. 23663.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s father H, who purchased the instant land from E in around 1953, occupied the instant land while cultivating her ancillary, etc., by purchasing the instant land. The Plaintiff is one of the heirs of F, who died on December 19, 1984, and continues to occupy the instant land by inheritance until now.

Therefore, from September 4, 1986, which was the date of registration of ownership preservation of the defendant's claim by the plaintiff, the plaintiff continued to occupy the land of this case in a peaceful and open manner with the intention to own it for at least 20 years, and the period of prescription for possession was completed September 4, 2006, the defendant is obligated to implement the procedure for registration of ownership transfer for the land of this case to the plaintiff.

B. The following facts are established in light of the above facts, the above recognition, the statements and images of Gap evidence Nos. 3, 4, 6, 11, 12, 13, and 17, and the testimony of the first instance court witness G, which are acknowledged as comprehensively considering the overall purport of the pleadings. In other words, ① the net F has cultivated her son, etc. from 1953 to 1953, ② the net Fur's heir I, J, K, L, and the plaintiff's inheritance of the land of this case by the deceased on December 19, 1984, and thereafter the plaintiff cultivated the land of this case from the land of this case.

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