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(영문) 대전지방법원 서산지원 2017.02.10 2016가단50070
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached sheet No. 13, 8, and 13 among the land size of 1584 square meters prior to Seosan-si, Seosan-si to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094 of Dec. 31, 197) on July 7, 1980, the deceased D completed the registration of ownership transfer with respect to the land prior to the subdivision of the case (hereinafter “land prior to the subdivision”). The Defendant, who is the deceased D, completed the registration of ownership transfer with respect to the land prior to the subdivision of the case pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on June 7, 1995 (amended by Act No. 4502 of Nov. 30, 1992) on October 2, 1983.

② On January 20, 2006, part of the land prior to the instant partition was incorporated into a site for local highway-type improvement works, and was divided into three: (a) 1584 square meters (hereinafter “E”) and 72 square meters (hereinafter “E land”); (b) on August 28, 2006, Chungcheongnam-do completed the registration of ownership transfer based on a consultation on public land with respect to E land, and paid KRW 5,508,000 to the Defendant.

③ Meanwhile, the Plaintiff, who is the wife of the net F, occupies the portion of 128 square meters in the ship, which connects each point of the attached appraisal No. 13,8, or 13 among the instant land in sequence, in the order of the attached appraisal No. 13,8, or 13 (hereinafter “instant occupied part”).

[Ground of recognition] Gap evidence Nos. 1 through 3 and 11, the result of the on-site inspection conducted by this court, the result of the appraiser G's survey and appraisal conducted by appraiser G, the fact-finding conducted on the red branch of the Hongnam-do General Construction Business Office, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion FM means the records in 1978

2. On December 12, 198, the Plaintiff purchased 100 square meters of the land prior to the instant partition from the deceased H, and cultivated crops from the point of possession and the remaining part of the land E with the intention of possession, and occupied them in peace and public performance.

Therefore, this case was held on January 1, 1999 when the period of prescription for acquisition of possession of 20 years counting from January 1, 1979, starting from the net F from January 1, 1979.

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