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(영문) 청주지방법원 2016.10.12 2016나11951
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following changes, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. (1) Change 1) Part 7th 12th 7th 12th e.g. “B 3 through 10th e.g., “B 3 through 10, and 12th e.g.,” and the 19th e.g., “the fact that the Defendant leased” on the 19th e.g., add “the fact that the Defendant was imposed local tax on all or part of the land of this case from around 2001 to around 2014.”

(No. 1957 No. 1957) The following judgments shall be added to the first instance court Decision No. 11, No. 11, No. 1957 (No. 1957) prior to the enforcement of the Civil Code. The real estate registration is merely a requisite for setting up against the parties, and the real estate right

Furthermore, on or around November 2013 and December 12, 2013, the Defendant responded to the purport that the Plaintiff had an intention to purchase the land of this case and that the Defendant intended to pay occupation and use fees from 2014 with respect to the land occupied. The Plaintiff’s assertion that the Defendant occupied the land of this case No. 3 on September 2, 2016, which was the third party’s preparatory brief No. 2 and the Defendant’s second party’s 8th September 2, 2016, was erroneous in the assertion on the land of this case.

7. The plaintiff asserts that since the land was leased and owned indirectly, and the property tax was not paid on each of the land of this case, the plaintiff renounced the benefit of prescription as to the whole or at least the land of this case No. 2 and 7.

The waiver of the prescription interest is an active and unilateral declaration of intention not to receive legal benefits arising from the completion of prescription, and it is indicated whether there exists an expression of intent to waive the prescription interest.

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