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(영문) 창원지방법원마산지원 2014.07.23 2013가단6752
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 1, 1913, the forest land D 598 square meters (hereinafter “instant land”) located in Haan-gun, Gyeongnam-gun, Haan-gun, and thereafter, the ownership was transferred to F on September 17, 1919.

B. After that, on May 30, 1995, the Defendant made registration of ownership preservation in the future of the Defendant pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502).

[Ground of recognition] Facts without dispute, Gap 2 and 3 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the land of this case was owned by the defendant, and was assessed in the name of the defendant's clan E, and later transferred the ownership on the land cadastre in the future of the clan F, and the registration of ownership preservation was made

On April 4, 1940, G, the father of the Plaintiff, purchased the portion of “b” in the column of 331 square meters in the ship connecting each point of 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 27, 28, 29, 22, 23, 24, 25, 26, and 1 among the instant land, and died on January 24, 1981, and the Plaintiff has inherited and continuously occupied it.

Therefore, the acquisition by prescription was completed on the date of delivery of a copy of the request for correction of the purport and cause of May 29, 2014, because the Plaintiff occupied the dispute as the intention to own the dispute for more than 20 years and occupied it in peace and public performance.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of completion of the acquisition by prescription on the part of the dispute to the plaintiff.

B. In a case where a clan registered a title trust to an individual with respect to the real estate owned by the clan and received the circumstances under its name, such circumstance person acquires the ownership of the real estate in the original and creative manner, so the clan did not register the ownership of the real estate to an individual after the clan was given the circumstances of the title trust to the individual.

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