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(영문) 부산지방법원동부지원 2015.01.13 2013가단208380
소유권이전등기절차 이행의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendants’ summary of the Plaintiff’s assertion are obligated to implement the registration procedure for ownership transfer on the instant forest part to the Plaintiff for the following reasons, based on the completion of the acquisition by prescription on each corresponding date.

On December 9, 1966, the Plaintiff, with the permission of reclamation from the Republic of Korea on December 9, 1966, developed an F village through the reclamation of the Busan Shipping Daegu E-gu, Busan, which was a yellow land, with the permission of reclamation from the Republic of Korea, and from June 25, 1970, installed a fence in the forest part of the instant land located near the said land reclamation, and occupied one house and one stable on the land, and used it. However, on February 9, 1985, the ownership transfer registration for the instant forest portion was completed in the Defendants’ future. Accordingly, the acquisition by prescription was completed on February 9, 2005, at least 20 years after the date on which the said registration of ownership transfer was completed, while the Plaintiff occupied the forest part of the instant land as his intention to own and openly and openly.

B. Unless otherwise, on August 13, 1987, the Plaintiff purchased one house, one stable, and one site on the instant forest portion from G from August 13, 1987, and thereafter occupied the forest portion in peace and openly and openly as the intent to own the forest portion from that time at least. Thus, the acquisition by prescription was completed on August 13, 2007 after the lapse of 20 years.

2. Determination

A. According to the purport of Gap evidence Nos. 3, 4, 6, 11, 12, 15, and 16 (including each serial number in the case of additional documentary evidence) as to the cause of the claim, the plaintiff purchased from G on August 13, 1987 one unit of house and one stable on the part of the forest of this case, and cultivated dry field, raised ducks, and resided in dry field at that place from that time. On February 9, 1985, the fact that the registration of ownership transfer has been completed in the future with respect to one-half portion of each of the 718,127 square meters of Busan Shipping Daegu, Busan, which includes the forest of this case.

According to the above facts of recognition, the Plaintiff shall share the forest of this case.

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