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(영문) 대구지방법원 2016.10.27 2016가단108394
소유권이전등기
Text

1. The defendant is on the ground of the completion of acquisition by prescription on September 1, 2005, with respect to the land for Daegu Suwon-gu B water supply to the plaintiff.

Reasons

1. The fact of recognition / [1] The Daegu Suwon-gu Seoul Metropolitan Government 135 square meters (hereinafter “the land before the instant subdivision”) was the land D’s completion of the registration of transfer of ownership on April 16, 1984, and on May 24, 1986, E, his father, the Defendant’s father, completed the registration of transfer of ownership on the grounds of sale on May 24, 1986.

The land before the instant partition was divided on June 30, 1986, and was divided into 128 square meters and 7 square meters in the Daegu Suwon-gu, Daegu-gu water supply site (hereinafter “instant land”). The land category of the instant land was changed to a water supply site on June 30, 1986, along with the land division.

On May 24, 2001, the Defendant completed the registration of ownership transfer on March 1, 200 on the property of 128 square meters in Daegu Suwon-gu, Daegu-gu on May 24, 200.

On January 22, 2016, the Defendant completed the registration of ownership transfer based on inheritance by consultation and division on March 1, 2000.

[2] Meanwhile, in around 1984, the Plaintiff carried out the business of building water pipes to the Daegu F Section, and around 1985, the Plaintiff performed G road expansion construction as an urban planning project. In that process, on June 13, 1985, the Plaintiff, which was part of the land before the instant subdivision, was incorporated into a road expansion project site.

On July 11, 1985, the Plaintiff paid KRW 551,250 out of the amount of compensation for the area of 10.5 square meters to be incorporated into D (787,500 square meters x 10.5).

Since then, the amount of compensation determined as seven square meters and the amount of compensation exceeds 26,250 won (51,250 won - 525,000 won (=75,000 won x 7) already paid).

The construction work attached to the above water supply pipe was divided into Section 1 and Section 2, and Section 2 was completed on August 23, 1984, and Section 1 was completed on August 31, 1985.

The Plaintiff has used the instant land as a road and water supply site from the time of completion to the date of completion.

[Reasons for Recognition] Each entry and video of Gap evidence Nos. 1 through 10

A. According to the above facts of recognition as to the Plaintiff’s claim, the Plaintiff’s business affiliated with the water pipe around 1984.

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