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(영문) 청주지방법원 2017.01.12 2015가단21219
소유권이전등기
Text

1. The defendant, among real estate No. 1 listed in the separate sheet No. 21, 22, 27, 28, 29, 30, 20, 20, among the real estate listed in the separate sheet No. 1, shall be

Reasons

1. Facts of recognition;

A. On December 31, 1964, the Plaintiff completed the registration of ownership transfer with respect to the land of 1236 square meters (hereinafter “instant land”). The instant land is directly adjacent to each real estate listed in the separate sheet.

나. 청주시 흥덕구 D 임야 2619㎡(이하 ‘이 사건 분할전 임야’라 한다)는 원래 피고의 조부(祖父)인 E가 1970. 10. 22. 그 소유권보존등기를 마쳤으나, 피고가 2003. 4. 25. 1998. 1. 12. 협의분할에 의한 상속을 원인으로 한 소유권이전등기를 마쳤고, 이후 2015. 11. 24. 별지 목록 기재 각 부동산으로 분할되었다.

C. The F, who is the father of the Plaintiff, purchased the instant land on March 25, 1931 and thought and purchased each real estate listed in the Disposition No. 1 (hereinafter “each of the instant real estate”) as part of the instant land, and thereafter occupied it from that time. The Plaintiff began to occupy the instant land from the date of completion of the registration of transfer of ownership as described in the above Paragraph (a) to that time.

[Ground of recognition] A without dispute; entries and videos of Gap evidence 1 through 12 (including each number); the result of the appraisal commission to the appraiser, Cheongju-dong Vice Governor of the Korea Land Information Corporation; the purport of the entire pleadings

2. Determination as to the cause of action

(a) A person who possesses real estate in a peaceful and public performance manner with the intention of possession for twenty years or less shall be presumed to acquire its ownership by registering it (Article 245 of the Civil Act), and the possessor shall be presumed to have occupied it in good faith, peace and public performance with the intention of possession;

(Article 197 of the Civil Act). On the other hand, if the registrant continues to be the same during the period of acquisition, it is sufficient to determine where the period has elapsed by considering the starting point at which he/she can claim the completion of acquisition, regardless of where the starting point is the starting point of the acquisition, and it is also sufficient that the total sum of the period of possession of the former possessor has elapsed by succession.

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