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(영문) 대전지방법원 논산지원 2018.03.22 2016가단20858
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is 1938 children, G (Death of September 20, 1992).

The Defendants are the wife and children of H (Death of May 8, 1991) and H are the grandchildren of H. I.

B. On May 16, 1918, I was registered as an owner in the forestry register and land cadastre, under the circumstances of 1,488 square meters of F forest land (hereinafter “instant land”) and 1,124 square meters before J (hereinafter “instant land 2”).

C. On November 9, 2015, Chungcheongnam-do deposited KRW 35,134,00,000 (i.e., KRW 17,037,600, KRW 18,096,40) for the land Nos. 1 and 2 in the instant case on the ground that the deposited person is unknown in accordance with the adjudication of the Central Land Expropriation Committee on November 10, 2015, following the commencement of expropriation on November 10, 2015, and completed registration of the preservation of ownership on each of the following land.

Each land of this case is a situation in which the period of occupation or the location and size of the occupied part cannot be specified because the land of this case was cut off or hedging due to the "K Do 2-lane. Packaging Construction".

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the result of the on-site inspection by this court, the result of fact inquiry by this court deposit system and the building center in Chungcheongnam-nam General Construction Business, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion G purchased the land Nos. 1 and 2 of this case from a person who resides in the YYY around October 1960 and occupied it with the intention of ownership for twenty (20) years, and acquired by prescription on October 31, 1980.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on the land of this case to the Plaintiff, G’s heir, for the completion of the acquisition by prescription. Meanwhile, the instant land was expropriated in Chungcheongnam-do on March 2013 and the obligation to register transfer of ownership on the ground of the completion of the acquisition by prescription was impossible, so the Defendants are obligated to return the compensation for expropriation to the Plaintiff.

(b) Determination Doctrine, Gap 4, 9, and 13 respectively.

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