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(영문) 청주지방법원 2017.08.24 2017가단3437
소유권이전등기절차이행
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 11, 1991, the Defendant completed the registration of ownership transfer based on the acquisition of public land consultation on June 1, 1991 with respect to the river Nos. 1,907 square meters (hereinafter “the instant river site”). On July 20, 1983, the Defendant completed the registration of ownership transfer on the C ditch No. 9,857 square meters (hereinafter “the instant ditch”).

B. On November 21, 1994, the Plaintiff completed the registration of transfer of ownership on the ground of sale on November 10, 1994 with respect to the land of the instant river and the ditch D 49 square meters adjacent to Chungcheong-gu, Chungcheongnam-gu (hereinafter “Plaintiff’s land”).

C. The Plaintiff, among the instant river sites, occupies the land of this case (hereinafter collectively referred to as “the Plaintiff’s respective possession parts”) in which the Plaintiff connects each point of the attached Table 31, 30, 12, 33, 32, and 12, and the ditches of this case, which are indicated in the same map, in sequence of 33, 12, 36, 35, 34, and 33.

On the other hand, the river site and ditch of this case are registered as administrative property in the land ledger.

[Ground of recognition] Facts without dispute, Gap 2-8 evidence, Eul 1-1 and 2-2 evidence, Gap 12 evidence, the result of the request for surveying and appraisal to the Cheongju-dong Vice Governor of the Korea Land and Land Information Corporation, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff purchased the instant land from the former owner along with the Plaintiff’s land. From December 2, 1995, the Plaintiff reported the transfer to the seat of the Plaintiff’s land to the peace and public performance of the Plaintiff’s land.

Therefore, as of December 3, 2015, for which 20 years have elapsed from the date of commencement of possession, the prescriptive acquisition of the instant land was completed, the Defendant is obligated to implement the registration procedure for ownership transfer of the instant land to the Plaintiff.

3. Determination

A. Article 7(2) of the State Property Act and Article 5(2) of the former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009).

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