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(영문) 제주지방법원 2019.04.09 2018가단1062
소유권이전등기말소
Text

1. The Defendant is based on the completion of the prescriptive acquisition on January 17, 2012 with respect to the land size of 383 square meters on Jeju-si, Jeju-si.

Reasons

1. Facts of recognition;

A. On May 17, 1986, E forest land E 9,964 square meters in Jeju-si owned was divided into 9,581 square meters in E forest land and 383 square meters in C forest land. On May 17, 1986, C forest land was 383 square meters in Jeju-si due to land category change on May 17, 1986 (hereinafter “instant land”).

B. On November 27, 1986, the Plaintiff purchased not only the instant land, but also the instant land in the name of the Plaintiff or his family, and paid in full the purchase price of KRW 1,765,00,00 for KRW 9,581 square meters, KRW 3,140 square meters, and KRW 1,567 square meters prior to G, and completed the registration of ownership transfer on November 29, 1986. From that point of time, the Plaintiff purchased 30 parcels of land, such as H, I, J, K, L, M, N,O, P, etc. in the name of its own or its family, and created and managed them as a stock farm.

At present, the current status of the land of this case is different from the land category in the public register, and is managed by the plaintiff.

C. Meanwhile, on the other hand, on January 17, 192, the registration of ownership transfer based on the donation was completed on November 15, 1991 on the land of this case. There was no certificate of personal seal impression issued in the name of the plaintiff around the date of the donation and the date of the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 10, 11, Eul evidence 1, 2 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The starting date of the acquisition by prescription should be the date of commencement of possession. The starting date of the acquisition by prescription should be the date of commencement of possession, and if the claimant for the acquisition by prescription cannot determine the starting date at his/her own discretion, or if the registration of ownership transfer is made in another person's name while he/she occupies his/her own real estate, and if the possession is possession frequently, the starting date of the acquisition by prescription should be the starting

This is because the possession of real estate owned by the person can not be considered as the possession on the basis of the prescriptive acquisition.

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