beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. C completed the registration of ownership transfer in its name on April 4, 1937 with respect to B forest No. 1,468 square meters (hereinafter “instant land”) in Seosan-si on April 6, 1937.
B. The Defendant completed the registration of ownership transfer on November 5, 1987 on the ground of the reversion of rights as of November 11, 1986.
C. As of November 12, 2014, among the instant land, a grave of 858 square meters and a grave of 610 square meters is used as farmland.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2 (including additional numbers), Eul evidence Nos. 1 and 2, or the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion D purchased the instant land from C in around 1940, and died in around 1945 without completing the registration of ownership transfer, and thereafter, D’s inheritance of the instant land in succession to D’s children E, E’s F, and F’s children, and used the instant land as family tomb or dry field for about 7 years.
Therefore, the acquisition by prescription was completed on December 31, 1960 after 20 years elapsed since D commenced possession of the land of this case with the intention of ownership around 1940.
In addition, even if the possession of the Plaintiff’s representative of the land of this case was changed to the possession of the owner of the land of this case after the sunset, the possession of the land of this case was completed on January 1, 1965 in accordance with Article 2 subparag. 1 of the former Act on Special Measures for the Disposal of Property Belonging to the State (Act No. 1346 of May 29, 1963) and Article 5 of the Addenda of the former Act on Special Measures for the Disposal of Property Belonging to the State. However, if the land of this case was purchased and occupied the land of this case from January 1, 1964 before December 31, 1964, since the possession of the land of this case was converted to the possession of the land of this case from January 1, 1965. Thus, the acquisition by prescription of the land of this case was completed on January 1, 1985.