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(영문) 대전지방법원서산지원 2014.07.11 2013가단9859
소유권이전등기
Text

1. The Defendant’s acquisition by prescription on July 22, 2013 of the real estate stated in the attached list by the Plaintiff.

Reasons

1. Basic facts

A. Division 1 of the C land in Seosan-si was owned by Nonparty D. The land in Seosan-si was divided into the E, forest land of 694 square meters (hereinafter “instant land”) and F land on October 15, 1958. F land was classified into land category; however, F land was registered as a forest on March 26, 1975 (hereinafter “G land”); but it was converted into 5,450 square meters (hereinafter “G land”); and thereafter, on February 26, 2009, the area was corrected to be 5,450 square meters).

B. The Defendant, who owned the instant land, completed the registration of ownership transfer on August 22, 1980 on the ground that he donated the instant land from January 10, 1973.

C. Nonparty H cultivated G land from around 1962. Nonparty H completed the registration of ownership transfer on August 14, 1981 on the ground of sale as of January 10, 1973. Nonparty I purchased G land from H on January 5, 2001 and completed the registration of ownership transfer on February 20, 201. Nonparty I continued to cultivate it.

3) The non-party J purchased G land from I on January 3, 2003 and completed the registration of ownership transfer thereof on January 7, 2003. The non-party J continued to cultivate it for about two years thereafter. 4) The Plaintiff purchased G land from J on February 26, 2009 and completed the registration of ownership transfer thereof on April 3, 2009, and thereafter thereafter occupy it from that time.

1) On June 15, 2009, the Plaintiff divided 694 square meters out of G land into 694 square meters (hereinafter “K”) before K, and on July 7, 2009, the registration of subdivision was completed on July 7, 2009. According to the certified copy of the cadastral map, the instant land and K land are land of the same location and area.

3) On March 17, 2011, Western City entered K land and the instant land into each forest register with the land subject to revision of registered matters in each forest register, and sent an official door to the Plaintiff and the Defendant, as the instant land overlaps with the land registered in the same location, so that they can be corrected (cancellation) of registered matters. [In the absence of any dispute over grounds for recognition, Gap 1 through 3, and May 1, 2005].

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