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1. The Defendant’s ground for the completion of the prescriptive acquisition on August 27, 2014, as to the Plaintiff’s farmland B ditch 131 square meters in Cheongju-si.
Reasons
1. Basic facts
A. On September 16, 1935, the registration of ownership transfer was completed on November 22, 1934 in the name of the Joseon Trust Co., Ltd. on September 16, 1935 with respect to 131 square meters (hereinafter “instant land”).
B. The Joseon Trust Co., Ltd. was merged with Korea Light Bank on Oct. 29, 1946; the Korea Trust Bank on Apr. 25, 1950; the Korea Trust Bank on Oct. 1, 1954; and the Korea Bank on Jan. 1, 1960; and it was incorporated into Korea Light Bank on Jan. 6, 199; and the Korea Light Bank on May 20, 2002, changed its trade name into the Defendant Bank on May 20, 200, thereby comprehensively succeeding to the Defendant’s rights and obligations.
C. On March 21, 1962, the Plaintiff’s mother C completed the registration of ownership transfer on the ground of the completion of redemption on March 15, 1961 with respect to three lots of land, including 1326 square meters, E, E, 132 square meters, F, and 136 square meters, which are located in the area of Cheongju-si, Cheongju-si. The Plaintiff completed the registration of ownership transfer on the above E’s land on October 30, 1970.
The land of this case is adjacent to the above land, and the shape as a ditch has disappeared, and it has been cultivated as a dry field in a condition integrated with the above land since the Plaintiff acquired the above land.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 8 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of claim, it is reasonable to view that the Plaintiff occupied the instant land from August 27, 1994 to the present dry field for over 20 years at the latest. Thus, barring any special circumstance, the prescriptive acquisition of the Plaintiff’s possession of the instant land was completed on August 27, 2014.
B. The defendant's assertion 1 as to the defendant's defense has occupied the land of this case without permission without any legal act which causes the acquisition of ownership, and the plaintiff has occupied it.