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(영문) 대구지방법원 2018.11.30 2018가단105863
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 30, 1971, with respect to D Maintenance 13,801 square meters (divisions from F maintenance 25,167 square meters in Simsan-si; hereinafter “instant maintenance”), registration of preservation of ownership was completed on June 30, 1971. On March 22, 1974, with respect to E-si, Simsan-si, Simsan-si, Simsan-si, 964 square meters (divisions from G, 16342 square meters; hereinafter “instant ditch”), registration of preservation of ownership was completed in the future of the Defendant.

B. During the maintenance of the instant case, the Plaintiffs: (a) collectively connected each point of 103, 104, 105, 106, 107, 108, 109, 110, 99, 98, 97, 96, 95, and 111, 112, 113, 114, 115, 116, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 101 square meters of the attached drawings; and (b) jointly connected each point of 96, 97, 99, 109, 196, 109, 106, 196, 106, 106, 1111 square meters of the attached drawings; and (c) collectively connected each part of the land in the instant case.

C. The Plaintiffs are the successors of the deceased H.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 1, 2, 9, 10 (including paper numbers), on-site inspection results, results of a survey appraisal commission, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s Network H purchased the instant land from the I repair fraternity on September 10, 1967, and thereafter became a farmer in the instant land.

Before April 15, 1999, the Plaintiff occupied the land of this case and has been farming houses until now.

Therefore, since the plaintiffs have occupied the land of this case in peace and openly for not less than 20 years with the intention to own the land of this case, the defendant is obligated to implement the registration procedure for transfer of ownership in accordance with the ratio of inheritance shares stated in the inheritance shares calculation table as to the land of this case.

(2) The land of this case constitutes an administrative property as part of the maintenance of this case and ditches, which are the land of this case, and thus does not constitute an administrative property subject to prescriptive acquisition.

(b).

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