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(영문) 광주지방법원 2019.05.22 2018가단19854
소유권이전등기
Text

1. The Defendant completed the prescriptive acquisition on January 30, 2005 with respect to the Plaintiff’s share of 2/5 square meters among 84 square meters in Jeonyang-gun, Jeonyang-gun, Jeonyang-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff, on September 11, 1984, continuously occupied the instant land as a site for livestock shed, etc. from January 30, 1985, after purchasing from Jeonyang-gun, Jeonyang-gun, Jeonyang-gun, a neighboring area of 84 square meters (hereinafter “instant land”) and completing the registration of ownership transfer.

B. On May 10, 1990, with respect to the instant land partitioned from E and registered in the name of the networkF ( November 23, 201), the registration of ownership transfer with respect to shares of 3/5 shares in G and 2/5 shares in the Defendant was completed on November 23, 201 due to inheritance on November 23, 201.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading

2. Determination

A. According to the above facts, the Plaintiff occupied the instant land from January 30, 1985 to twenty (20) years, and pursuant to Article 197 of the Civil Act, it is presumed that the Plaintiff had occupied the instant land in peace and openly with the intent to own the said land during the above period, and the acquisition by prescription on January 30, 2005 was completed.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on January 30, 2005 with respect to the share of 2/5 of the land in this case to the plaintiff.

B. As to this, the defendant asserted that since the plaintiff occupied the land of this case in bad faith, it cannot respond to the plaintiff's claim. However, there is no evidence to acknowledge this, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition by admitting it.

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