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(영문) 춘천지방법원 속초지원 2018.11.16 2018가단200732
소유권이전등기
Text

1. The Defendant completed the acquisition by prescription on December 6, 1991 with respect to one-half portion of the 390 square meters in Gangwon-gun, Gangwon-gun, Gangwon-gun, the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1966, the Plaintiff’s husband D built a building not registered (hereinafter “instant building”) on the ground (hereinafter “instant land”) which is Gangwon-gun, Gosung-gun, Gosung-gun, 390 square meters, and occupied the instant land as the site for the instant building. Thereafter, the instant land is occupied as the site for the instant building until now.

B. On April 12, 1990, the defendant, who is a punishment D, completed registration of preservation of ownership on the land of this case.

C. D’s death on December 6, 1971, the Plaintiff, as the wife of D, succeeded to D’s property at the ratio of 3/6 of E (the former name: F), a family heir, and 2/6 of G, as the wife of D, at the ratio of 1/6 shares, and 3/6 of G, a family heir. After that death on July 11, 2012, the Plaintiff inherited G’s property and eventually succeeded to D’s property at the ratio of 1/2 and 1/2 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 9 through 10 (including provisional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the plaintiff inherited the building of this case from D on December 6, 1971 and owned it until now, and thus occupies the land of this case as the site of the building of this case (the same shall apply to the case where the plaintiff did not reside in the building of this case for a long time). Thus, barring any special circumstance, the defendant asserts that the plaintiff's commencement of possession of the land of this case by December 6, 1991, when the period from December 6, 1991 when the commencement of possession was 20 years from December 6, 1991, which was 20 years from December 6, 1971, the plaintiff specified the commencement date of possession as "the date of December 6, 197," and that "the date of the acquisition by prescription" as "the date

Even if the plaintiff specified the starting point of possession on December 5, 1971, the starting point of possession, which is the basis for calculating the period of possession in the prescriptive acquisition of real estate, is an indirect and means room to determine the period of possession, which is the requirement for the prescriptive acquisition.

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