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(영문) 창원지방법원 2015.04.29 2014나6156
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The defendant on December 31, 1993 with respect to the land size of 526 square meters prior to Jinju-si, Jinju-si.

Reasons

1. Judgment as to the primary cause of claim

A. In around 1973, the network D occupied the instant land as a director and cultivated crops as it occupied the instant land near the region since that time. 2) The network D died on July 24, 1985, and the Plaintiff, a spouse of the network D, succeeded to the possession of the deceased in the instant land by succeeding the occupation of the deceased, and installed the farm road in the part as indicated in the attached drawing(b) around 2004, and in the part as indicated in the attached drawing(a) around 2007, a vinyl house in the part as indicated in the attached drawing(b) of the attached drawing(s).

3) Meanwhile, registration of ownership preservation was completed in the name of the deceased F on March 5, 1965 with respect to the instant land. On June 29, 2009, the registration of ownership transfer was completed in the name of the defendant, who is the father of the deceased F, on July 24, 1990 under the name of the deceased F, on which the registration of ownership transfer was completed due to inheritance by consultation and division. [The fact that there is no dispute over the grounds for recognition, the entries and images of evidence Nos. 1, 5, 8, 11, 12, 14, 15, 16, and 16, the result of the on-site verification by the court of first instance, the result of the expert H’s survey and appraisal by the appraiser H, the witness G, the testimony of the

B. According to the facts of the above recognition on the board, at least the Plaintiff’s side D occupied and used the instant land from December 31, 1973, and the Plaintiff succeeded to the possession of the network D and possessed the instant land up to the present day. The Plaintiff is presumed to have occupied the instant land in a peaceful manner with the intent to own it in accordance with Article 197(1) of the Civil Act. As such, the period of prescription for the Plaintiff’s possession of the instant land was completed on December 31, 1993, which was 20 years from December 31, 1973 as of December 31, 1993.

Therefore, the defendant, who is the heir of the deceased F at the time of the completion of the prescription period for the acquisition of possession, is obligated to implement the registration procedure for the transfer of ownership on the land of this case to the plaintiff, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. 1) The plaintiff's assertion D) the plaintiff's assertion D, around 1973, purchased the land in this case from the Dong-based E of the netF.

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