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(영문) 청주지방법원 2016.07.27 2016가단8305
소유권이전등기절차이행
Text

1. The Defendant completed the acquisition by prescription on July 20, 2007 with respect to the Plaintiff’s 2,397 square meters and 248 square meters in Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

Reasons

1. On 1939, the Plaintiff acquired ownership of 1,388 square meters prior to Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

In around 1959, the Defendant acquired the ownership of 808 square meters for the F Return of the Jincheon-gun, Jincheon-gun.

In September 15, 1972, in the above F field 808 square meters, C 2,645 square meters, G road 17 square meters (5 square meters), and H road 10 square meters (3 square meters) were subdivided.

G road 17 square meters (5 square meters) and 10 square meters of H road were transferred to Jincheon-gun around 1983.

On March 18, 2014, the above C 2,645 square meters is partitioned into D 248 square meters, and the area of the said C is 2,397 square meters.

(C) On July 1987, the Plaintiff considered B, registered as the owner of the instant land, as one of his/her net B, and concluded a separate inheritance agreement with other co-inheritors on the division of inherited property, and had the instant land cultivated from July 20, 1987 to July 20, 2014 through the deceased I (Death, March 23, 2016).

The Plaintiff filed an application for registration of change of the name of the titleholder with respect to the instant land on the premise that the Plaintiff is the same person as his/her own net B (JJ residing in the Chungcheongnam-gun, the death of July 20, 1987), but was dismissed on the ground that there was no evidence to acknowledge that the Plaintiff is the

[Reasons for Recognition] Each entry of Gap evidence 1 to 8 (including paper numbers), K's testimony

2. If the factual basis of the judgment is as above, the Plaintiff is deemed to have occupied the instant land with the intent of possession from July 20, 1987 to July 20, 2014, and thus, the acquisition by prescription on July 20, 2007 was completed.

3. The plaintiff's claim is accepted on the grounds of conclusion or higher.

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