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(영문) 대구지방법원경주지원 2017.04.18 2017가단10407
소유권이전등기
Text

1. The defendant is based on the completion of the acquisition by prescription on December 20, 1978 with respect to the land size of 565 square meters on the B-road in racing-si.

Reasons

1. The judgment of the Republic of Korea on the cause of the claim is that the land of this case, including the land indicated in the order (hereinafter “instant land”), will be incorporated into a park site in around 1953, and around 1957, the compensation for the instant land was paid to the network D who was the owner of the instant land, and the network D died on July 11, 1963. On February 23, 2016, the Defendant completed the registration of transfer of ownership under the name of the Defendant on the ground of inheritance by consultation and division as of February 19, 1980. The instant land was incorporated into a road site in C Park on December 20, 1958, and the Republic of Korea occupied the instant land in a peaceful and openly performing manner with its intention on January 1, 1962 (hereinafter “instant land”). The Plaintiff was not in dispute between the Minister of Construction and Transportation’s establishment and implementation of the instant land under the jurisdiction of the State road as of December 16, 1962.

According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on December 20, 1978, when 20 years have elapsed since December 20, 1958, to the plaintiff.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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