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(영문) 청주지방법원충주지원 2019.08.14 2019가단21555
소유권이전등기
Text

1. It is confirmed that the Plaintiff and Defendant Republic of Korea are the Defendant B’s ownership of C 813 square meters in Chungcheongnam-si.

2. The defendant B.

Reasons

1. Basic facts

A. The land cadastre (hereinafter “instant land”) and the former land cadastre (No. 4-2, hereinafter “instant land cadastre”) and the former land cadastre (hereinafter “instant land cadastre”) of the instant land are unregistered land in Chungcheongnam-si, Chungcheongnam-si, and the land cadastre (hereinafter “instant land cadastre”) indicated “B” as the assessment of the instant land on June 25, 1914.

The land cadastre of this case is written as “D” in the address column of the owner “B,” and the land cadastre of this case is written as “E” in the address column of “B.”

B. The non-party net F (G birth, death on June 3, 1994), the plaintiff's father, occupied the land of this case before birth, and the plaintiff, who was F's children after the death on June 3, 1994, inherited the land of this case from F, was in possession of it until the date of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim against Defendant Republic of Korea

A. The plaintiff's assertion 1) The plaintiff succeeded to the possession of the land in this case of the deceased F, the plaintiff's put to the plaintiff's assertion 1) and paid property tax after F, and occupied and cultivated in a peaceful manner with the intention of ownership. Thus, the plaintiff's acquisition by prescription as to the land in this case was completed on June 3, 2014 after the lapse of 20 years from June 3, 1994 when he succeeded to the possession of the land in this case.

B. However, the old land cadastre and the land cadastre of this case are only indicated as Defendant B with the address in “D” or “E” and do not contain any specific address and personal information. As such, the Plaintiff, who is the last holder of ownership, has completed the prescriptive acquisition for Defendant B.

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