logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.11.08 2016가단19632
소유권이전등기
Text

1. The defendant is based on the completion of the acquisition by prescription on November 7, 1980 with respect to the land size of 688 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun.

Reasons

1. Determination as to the cause of claim

A. On March 3, 1910, Ulsan-gun, Ulsan-gun, B, and 688 square meters (hereinafter “instant land”) and other adjacent Ulsan-gun, Ulsan-gun, Seoul-gun, 1,977 square meters (hereinafter “D”) were assessed. On May 6, 1914, C transferred the ownership of each of the instant land to E.

F around 1948, F purchased the instant land and D land from E and cultivated crops.

The F died on January 17, 1951, and the plaintiff, the South-North Korean, inherited the F's property on his own.

From around that time, the Plaintiff occupied crops in the instant land and D land, and paid the property tax imposed on the instant land from around 1979.

On November 7, 1960, the defendant completed registration of initial ownership relating to the land of this case.

On March 15, 1965, the plaintiff completed the registration of initial ownership of D land.

[Reasons for Recognition] Unsatisfy, Gap 1 to 13 evidence (including provisional number), witness G testimony, the purport of the whole pleadings

B. In full view of the above fact-finding, it is reasonable to view that the Plaintiff continues to occupy the land of this case from January 17, 1951 to the present date, and such possession is presumed to have been made in peace and public performance as owner’s intent (Article 197(1) of the Civil Act). If a registrant continues to engage in the same transaction during the period of prescriptive acquisition, it is sufficient to confirm the lapse of the said period considering where the starting point is anywhere and at the time when it is possible to claim the completion of the prescriptive acquisition between the two parties. Thus, even in cases where the total period of possession of the former possessor by succeeding the possession of the former possessor and the total period of possession has 20 years elapsed, the starting point

(see, e.g., Supreme Court Decision 97Da8496, 8502, May 12, 1998). Since a registrant of the instant land from November 7, 1960 to the date of recognition of the Defendant’s facts, he/she is free of charge as requested by the Plaintiff.

arrow