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(영문) 광주지방법원 2017.08.17 2016나61203
소유권이전등기
Text

1. The plaintiff's appeal is all 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. N on August 27, 1929 completed the registration of ownership transfer on the instant land.

N on June 7, 1959, O, South-Nam succeeded to the land of this case solely, and following the death ofO, the Defendants, as grandchildren, inherited or inherited the land of this case in accordance with the shares of inheritance calculation sheet in the attached Form.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. As the Plaintiff began to occupy the instant land from June 10, 1993, the Plaintiff acquired the instant land by prescription on June 10, 2013.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the instant land to the Plaintiff as a result of the completion of prescriptive acquisition.

B. A person who asserts the acquisition by prescription must prove his/her possession.

(See Supreme Court Decision 96Da11334 delivered on September 24, 1996). The written evidence No. 7 alone is insufficient to acknowledge that the Plaintiff occupied the land of this case from June 10, 1993. Since there are no other evidence, the Plaintiff’s assertion is not accepted (the same shall apply even in cases where the Plaintiff’s claim is examined in addition to reference materials submitted after the closure of pleadings). 3. Thus, the Plaintiff’s claim is not correct, and thus, it should be dismissed.

The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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