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(영문) 대전지방법원 2015.04.08 2014가단212060
소유권이전등기말소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On March 12, 1969, the registration of ownership transfer was completed in the name of Defendant B in the name of Defendant B (hereinafter “Defendant clan”) on grounds of sale on February 5, 1971 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate on August 31, 1981 (amended by Act No. 3094, Dec. 31, 197; hereinafter “Special Measures for the Registration of Ownership”).

B. On October 10, 2013, the land prior to the instant subdivision was divided into G 3,384 square meters, G 3,384 square meters, H 100 square meters, I 43, J 17 square meters.

C. After the division, Defendant C completed the registration of ownership transfer on January 3, 2014 (hereinafter “instant registration of ownership transfer”) with the Sejong District Court Sejong District Court No. 383 received on January 3, 2014 as to each of the above lands, which was based on sale on January 2, 2014.

Meanwhile, on October 8, 2014, G field 3,384 square meters was divided into G field 1,417 square meters and K field 1,967 square meters.

(hereinafter referred to as “each of the instant lands” after subdivision on October 8, 2014). 【The ground for recognition” did not have any dispute, entry in Gap’s No. 1, 2, and 3, and Eul’s Evidence No. 9 (including each number), the purport of the entire pleadings.

2. The plaintiff's assertion

A. Since January 25, 1986, L, the father of the Plaintiff, cultivated the land before the division, and the Plaintiff succeeded to the possession of L from January 25, 1986, and cultivated it. L and the Plaintiff have occupied each of the lands of this case in a peaceful manner with their intention to own them.

Therefore, since the acquisition by prescription of each of the instant lands was completed on January 26, 2006 after the lapse of 20 years from January 25, 1986, which succeeded to the possession of the land before the division of this case, at least by the Plaintiff, the Defendant clan procedure for the registration of transfer of ownership based on the completion of the acquisition by prescription as to each of the instant lands.

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