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1. The defendant is based on the sale on November 6, 1984 with respect to each real estate listed in the separate sheet to the plaintiff.
Reasons
1. The plaintiff's assertion
A. On November 6, 1984, the Plaintiff purchased each of the lands listed in the separate sheet (hereinafter “each of the lands of this case”) from the head of Ansan-dong, who was delegated by the Defendant on November 6, 1984, and the Defendant is primarily liable to implement the procedure for the registration of ownership transfer for each of the lands of this case to the Plaintiff on November 6, 1984.
B. Even if the Plaintiff and the Defendant did not conclude a sales contract for each of the instant lands
However, since the plaintiff occupied each of the lands of this case in peace and openly with the intent to own them from December 5, 1984, the acquisition by prescription was completed.
Therefore, the Defendant is obligated to execute the registration procedure for transfer of ownership on each of the instant land by reason of the prescriptive acquisition on December 5, 2004 to the Plaintiff.
2. Whether a sales contract for each of the instant lands was established (the determination of the principal claim)
(a) In full view of the respective descriptions of Gap evidence Nos. 1 through 3, 5 through 9, and 12 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the following facts may be acknowledged:
1) From around 1975, the Plaintiff used each of the instant lands as an access road leading to the Plaintiff’s land B located in Ansan-gun, Andong-gun, the Plaintiff owned. However, on July 21, 1982, the Plaintiff was notified by the head of Ansan-gun, to conclude a loan contract for State-owned property. On December 15, 1983, the Plaintiff concluded a loan contract for State-owned property with the term from January 1, 1984 to December 31, 198 as to each of the instant lands. Upon receiving the notification of the payment of indemnity for using the instant lands without permission on March 31, 1984, the Plaintiff paid indemnity of KRW 1,670 on April 27, 1984, and the adjusted loan charges for using State-owned property with the official seal adjusted from April 17, 1984 to 30 on April 17, 1984.