logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2018.03.08 2017가단21711
소유권이전등기
Text

1. The Defendant shall in turn order the Plaintiff each point indicated in the attached Form 1 through 5, and 1 among the land size of 5,157 square meters in C forest land, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

1. Facts of recognition;

A. On June 3, 1995, the Plaintiff, the head of E (the death of June 1, 1995) who owned 5/31 shares of 5,45 square meters of D forest land in Chungcheongnam-gun, Chungcheongnam-do, installed a tomb in the vicinity of the boundary of 5,157 square meters of land and land adjacent thereto (hereinafter “instant forest”). On August 12, 1999, the Plaintiff buried the wife F (the death of August 10, 1999) of E in the form of a single subdivision.

Among the forest land of this case, the place where the said grave (hereinafter referred to as the “instant grave”) is located is a part of 57 square meters in line (hereinafter referred to as the “instant grave site”) connected in order to each point of the attached drawing Nos. 1 through 5 and 1.

B. The defendant purchased the forest land of this case in the real estate compulsory auction procedure and paid in full the sale price on February 25, 2010, and completed the registration of ownership transfer on the following day.

C. Although the Defendant filed a lawsuit against the Plaintiff regarding the discovery and removal of the instant grave, the Defendant was sentenced to a dismissal ruling on June 3, 2015 due to the Plaintiff’s possession of the instant grave base for twenty (20) years from June 3, 1995, and subsequently, the Defendant’s appeal and appeal were dismissed, and the said judgment became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, the Defendant is obligated to implement the registration procedure for ownership transfer on June 3, 2015 with respect to the instant grave base on the ground of the completion of prescriptive acquisition on June 3, 2015.

3. Judgment on the defendant's assertion

A. The gist of the assertion is that the Plaintiff installed a tomb E and F in the instant grave base, but did not possess the said grave base as its owner’s intent.

Even if the Plaintiff occupied the said grave base as his/her own intent, the Plaintiff occupied it.

However, the Plaintiff commenced possession of the said grave base prior to the installation of the said grave by planting and managing trees on the said grave base, and the Defendant.

arrow