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(영문) 대구지방법원서부지원 2017.09.19 2017가단53856
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 8, Eul evidence 1 (including serial numbers; hereinafter the same shall apply) and the whole purport of the pleadings.

With respect to the instant land, C, after being assessed on March 17, 1911, completed the registration of ownership transfer on April 11, 1942 by D, E, on July 3, 1970, completed the registration of ownership transfer on November 8, 2007.

B. After the death of E, F, his/her spouse, completed the registration of ownership transfer on September 12, 2013 on the instant land by inheritance by consultation and division on June 8, 2013.

C. On December 15, 2014, the Defendant completed the registration of ownership transfer on the instant land on December 17, 2014 by reason of donation.

2. On March 2, 1944, the Plaintiff’s assertion-based elderly group decided to build H reservoir with nine adjacent land, including the instant land, as a site for the creation of a small field, in order to ensure the repair safety of the grasium of the Grari-gun, the elderly group, and completed the construction on December 31, 194, by starting on June 14, 194.

Since then, the elderly farmland improvement association, which is the overall transfer of the plaintiff, comprehensively succeeded to the rights and obligations of the land of this case from the elderly group, and even until now, the plaintiff occupies the land of this case in a peaceful manner with the intention of ownership over 70 years. The elderly farmland improvement association comprehensively acquired the rights and obligations of the H reservoir from the elderly group on November 6, 1989 to the elderly farmland improvement association in accordance with the Agricultural Community Modernization Promotion Act.

The plaintiff comprehensively succeeded to the rights and obligations of the land in this case from the elderly farmland improvement association. The acquisition by prescription on November 7, 2009, which was 20 years from the beginning date of November 6, 1989, when the elderly farmland improvement association comprehensively acquired the rights and obligations of H reservoir from the elderly group.

The defendant is liable to implement the procedure for the registration of ownership transfer to the plaintiff.

3. Determination by prescription

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