beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Under certain circumstances, Gyeonggi-si (the administrative district change later to the domini city) C Forest land 6 YY 8 (hereinafter “assessment land”) was turned out to be owned by D.
B. The assessment land was divided into three parcels E-F, and G was converted into the parcel number and land category to the 1038 square meters per 1038 square meters per Y (hereinafter “instant land”).
The instant land is unregistered.
[Reasons for Recognition] Facts without dispute, Gap 1-6 evidence (where there are several numbers in documentary evidence, such indications are omitted; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment of the plaintiff are the cause of the claim of this case. The plaintiff clan transferred the land of this case from D, a person who is the title of the land of this case, and on the other hand, the plaintiff clan occupied the land of this case in a peaceful manner from 1961 to 20 years, and acquired it by prescription. Thus, the plaintiff clan is the owner of the land of this case, and the defendant is disputing the plaintiff's ownership, and therefore, the plaintiff clan sought confirmation of the plaintiff's ownership of the land of this case.
However, even if all the evidence submitted by the plaintiff was examined, it is merely the entry of land cadastre without presumption of right, or the statement of the plaintiff's clan or neighboring residents, and it is insufficient to recognize that the plaintiff's clan transferred the land of this case from D's heir, who is the circumstance of the land situation caused by the land of this case, and there is no other evidence to acknowledge it otherwise.
In addition, as alleged by the plaintiff, it is true that the plaintiff clan had occupied the land of this case for not less than 20 years in a peaceful manner with its intention to own the land of this case, and even if the prescription period has expired, the plaintiff clan does not immediately acquire the ownership of the land of this case, but acquires the right to claim the registration of transfer of ownership based on the completion of the prescription period