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(영문) 부산지방법원 2015.06.05 2014나48481
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserted that, on September 16, 1988, the Plaintiff purchased from the Dongdong-gu Busan Metropolitan Government D large 220 square meters and E forest 216 square meters. From that time, the Plaintiff acquired the prescription period as of September 16, 208 after the completion of the acquisition of the prescription period on September 16, 2008, by occupying the portion of 78 square meters in sequence with each point of 1,2,3,4,5,6, 1 attached drawings among the area of 1,286 square meters in Busan Gangseo-gu, Busan Metropolitan City, which is adjacent to the above D site, as the intention of ownership, in order to jointly and openly possess the portion of 78 square meters in the ship (hereinafter “instant portion of land”).

However, it is not sufficient to recognize that the plaintiff occupied the part of the land of this case with the intention of ownership for 20 years only by the descriptions of Gap evidence Nos. 1 through 22 (including the number of branch numbers), and there is no other evidence to acknowledge this otherwise.

Rather, according to the fact-finding conducted by the Korea Asset Management Corporation in the trial, it is only recognized that F entered into a loan contract with the Busan Gangseo-gu Office, the management agency of Gangseo-gu, at the time of signing the loan contract with the two times from January 1, 2008 to December 31, 2015.

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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