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(영문) 창원지방법원밀양지원 2017.06.20 2016가단3562
소유권이전등기
Text

1. The Defendant’s assertion 4, 5, 6, 7, 8, 13, and 4 of the attached Form among the 1,055 square meters of 1,05 square meters in Gyeongnam-gun, Gyeongnam-gun.

Reasons

Facts of recognition

D) On December 31, 1961, D completed the registration of ownership transfer on the land specified in Paragraph 1 of this Article (hereinafter “instant land”). Since D died on August 23, 1969, F, G, H, I, I, and J jointly inherited the said land.

On March 15, 1982, the above inheritors completed the registration of ownership transfer on March 17, 1982 on the ground that they sold the instant land to K, and on April 19, 2014, K died and the Defendant, the spouse, inherited the said land solely by an agreement division.

The Plaintiff’s attached L, which is the Plaintiff’s attached L, cultivated part (A) of 235 square meters (hereinafter “A”) on the ship (hereinafter “A”) connected each point of the attached table Nos. 4, 5, 6, 7, 8, 13, and 4 among the instant land, and died around 1946.

Since then, according to the consultation among L’s successors, M & N, a child, cultivated L’s land in succession, and N had the Plaintiff cultivate the land around April 10, 1994, and thereafter, the Plaintiff cultivated the land from that time to that time.

【A person who occupies real estate in a peaceful and openly held manner for twenty (20) years to determine the completion of the prescription period for the acquisition by prescription of possession of the entire pleadings and descriptions and images of the evidence Nos. 1 through 12, 17 through 21 (including each number) of the evidence No. 1 (hereinafter referred to as “the ground for recognition”), shall be presumed to have acquired ownership by registering the ownership thereof (Article 245(1) of the Civil Act), the possessor shall be presumed to have occupied the real estate in a peaceful and openly held manner by his/her own will (Article 197(1) of the

(Article 198 of the Civil Act). In addition, in the acquisition by prescription of real estate, whether the possessor is an independent possession with the intention of possession or without the intention of possession is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the title which has caused the acquisition or all the possession.

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