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(영문) 전주지방법원 2016.10.14 2016가단8185
부동산소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on January 23, 198, No. 599, which was received on January 25, 198 with respect to the area of 153 square meters in Jeonju-gun, Jeonju-gun, Jeonju-gun, for sale, and occupied and used.

B. The Plaintiff currently occupies and uses approximately KRW 495 square meters (hereinafter “instant land”) in the part of the ship connected in order to each point of the 1,534 square meters in the annexed drawings among the forest C forest 1,534 square meters in the Jeonju-gun, Jeonbuk-gun, the United Kingdom of America.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's cause of claim and judgment on the cause of claim

A. On April 21, 1987, the Plaintiff acquired the instant land by prescription on April 21, 2007, since it purchased KRW 153 square meters of forest land D and 153 square meters of the instant land and the instant land and its ground land from the Defendant, and occupied the instant land in peace and public performance from around that time for not less than 20 years since it occupied the instant land with the intention to own it.

Therefore, the defendant asserts to the plaintiff that he is liable to implement the procedure for ownership transfer registration on April 21, 2007 with respect to the land of this case.

B. Therefore, it is not sufficient to acknowledge the Plaintiff’s purchase of the instant land from the Defendant solely on the basis of health stand, Gap’s evidence as to whether the Plaintiff purchased the instant land from the Defendant, and there is no other evidence to acknowledge it (In light of the written evidence Nos. 1 and 2, the Defendant is Ein, and the Defendant purchased the instant land from Nonparty F on December 18, 2015, and completed the registration of ownership transfer from the Jeonju District Court’s receipt No. 1930, Jan. 7, 2016), and the Plaintiff’s assertion on this part is without merit.

In addition, even if the acquisition by prescription has been completed, if a third party has completed the registration of ownership transfer of the real estate between the parties who did not make a registration accordingly, the third party shall do so.

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