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1. The Defendant points out of 2,730 square meters in the annexed Form 8, 9, 10, 11, 12, 13, 14, and 8, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 31, 1996, the Defendant completed the registration of ownership transfer on the land of 2,730 square meters (hereinafter “instant land”).
B. The Plaintiff’s father D, from around 1975 to November 5, 2004, occupied the portion of 834 square meters in the attached Form No. 8,9, 10, 11, 12, 13, 14, and 8, among the area of 2,730 square meters in Seo-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. (hereinafter “instant land occupied”).
C. Since then, the deceased on July 8, 2013, the agreement on the division of inherited property was concluded between the Plaintiff, F, and G, who is the heir of the deceased D and D, to independently inherit the right to the land in this case, and thereafter, the Plaintiff used the land in this case as farmland and occupied it until now.
[Ground of Recognition] A without dispute, each entry and video of Gap evidence Nos. 1 through 10 (including additional numbers), the result of a request for surveying and appraisal to the Director of the Korea Land Information Corporation, the purport of the entire pleadings
2. Determination
A. According to Articles 197(1) and 198 of the Civil Act as to the cause of the claim, the Plaintiff, who succeeded to the right to the land occupied in this case from the network D, etc., is presumed to have continuously occupied the land occupied in peace and openly from 1975 to 1975.
Accordingly, the Plaintiff shall be deemed to have acquired the instant land by prescription on December 31, 2016, after the lapse of 20 years from December 31, 1996, which was the date of acquisition of the Defendant’s ownership on the instant land. Therefore, the Plaintiff is obligated to implement the procedure for the registration of transfer of ownership on December 31, 2016 with respect to the instant land occupied by the Defendant.
B. As to the Defendant’s assertion, the Defendant demanded that the Plaintiff transfer ownership of the instant land several times.