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(영문) 대구지방법원 2016.02.16 2015가단104265
소유권이전등기
Text

1. The Defendant is on the ground of the completion of the prescriptive acquisition on January 29, 2005, with respect to the Plaintiff’s 2,582 square meters in Gyeongju-gun B, Gyeongbuk-gun.

Reasons

1. Facts of recognition;

A. The Korea Agricultural and Rural Community Corporation (hereinafter “Korea Agricultural and Rural Community Corporation”) established a comprehensive succession to the rights and obligations of the Plaintiff’s general farmland improvement association, and the name of the Korea Agricultural and Rural Community Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005 and the name of the Plaintiff as of December 29, 2008.

B. The registration of ownership transfer was completed on March 5, 1926 on the same day after the registration of ownership preservation was completed in the name of C on March 5, 1926, to D, February 26, 1942, to F on July 28, 1958, to F on the ground of inheritance, and on December 15, 1971, to the Defendant on December 15, 1971.

C. The instant land is the site and bank of “G”, which was the site for which construction was commenced from around 1938, which was the last day of the Japanese colonial period.

On November 12, 1946, the land category of the instant case was changed from “the answer” to “maintenance,” and lour-gun managed the said “G”.

On January 29, 1985, the Plaintiff transferred its rights to the Plaintiff, and thereafter the Plaintiff maintains and manages “G”.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap's entries in Gap's evidence 1 through 6, 8 through 12, 14, and 15, each entry in Eul's evidence 1 through 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted 1) The plaintiff asserts that the land of this case was the obligation to implement the procedure of ownership transfer registration on January 29, 2005 due to the completion of the acquisition by prescription on January 29, 2005, since the plaintiff acquired and managed the land incorporated into the creation project of the small river site, which was conducted by the Japanese General Doldong in 1943, by purchasing and performing it in a peaceful manner at the time at the time, and since the plaintiff succeeded to the right as of January 29, 1985, the plaintiff acquired the land of this case on January 29, 1985, the acquisition by possession on January 29, 2005 as of January 29, 2005. The defendant asserts that he is obligated to implement the procedure of ownership transfer registration on the ground of the completion of the acquisition by prescription on January 29, 2005.

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