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(영문) 전주지방법원군산지원 2016.10.11 2015가단55507
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) on December 31, 2014, with respect to 461 square meters in Gunsan-si, Si, Gunsan-si.

Reasons

Basic Facts

The instant land was owned by the network D (hereinafter “the network”).

The defendant, as the inheritor of the deceased, died on April 16, 1984, completed the registration of ownership transfer on the land of this case due to inheritance.

The plaintiff was in possession of the land of this case since before 1984, and paid at least the aggregate land tax on the land of this case since 1996.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 4, Gap evidence Nos. 5-1 through 13, and the order to submit taxation information to the military market of this court on May 11, 2016, the plaintiff asserts that the plaintiff himself/herself purchased the land of this case from the deceased on January 5, 1973, and thus, the plaintiff is obligated to implement the procedure for the registration of ownership transfer of the land of this case on the ground of the above sale.

There is no evidence to acknowledge that the above sales contract was concluded between the Plaintiff and the Deceased.

The Plaintiff asserts that the sales contract of this case was concluded with the above neighboring land on May 19, 1983 on the ground that he purchased the land of this case from the deceased on January 5, 1973, 543 square meters adjacent to the land of this case and completed the registration of ownership transfer on May 19, 1983. However, it is merely a mere presumption that the sales contract was concluded on the land of this case on the sole ground that the sales contract for the adjoining land was concluded.

The primary claim, based on the premise that a sales contract was concluded for the land of this case, is without merit.

The plaintiff asserts that the acquisition by prescription of possession of the land of this case has been completed since he/she occupied the land of this case in peace and openly with his/her intention to own the land of this case for more than 20 years.

As seen earlier, the Plaintiff had at least 20 years since 1994.

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