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(영문) 춘천지방법원영월지원 2016.10.05 2015가단11637
소유권이전등기
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

On March 13, 1989, the Plaintiff completed the registration of transfer of ownership on the ground of donation on February 17, 1989 with respect to the area of 852 square meters (hereinafter “Adjoining land”).

The Defendant Republic of Korea is an owner of a 17,421 square meters of a Gangwon-do D ditch which contact the adjoining land, an administrative property, and the Defendant B is the owner of a 295 square meters of a building adjoining the said ditch.

【Evidence A’s evidence Nos. 1-1, 2, 2-1, 2-2, 3-1, 6-2, and 6-6, and the purport of the whole pleadings, are as follows: Plaintiff’s fatherF and Defendant B’s father-child participated in the agricultural waterway rearrangement project in the 1970s, and the ditch was organized; the Plaintiff around that time, she cultivated capital and houses and occupied them in the real estate stated in the purport of the claim (hereinafter “instant land”) with intent to possess them in a peaceful manner.

Meanwhile, on the other hand, the Plaintiff was occupying and using the neighboring land from the deceased F on February 17, 1989, by increasing the number of the land, and the acquisition by prescription on February 17, 2009 after the lapse of 20 years from the above water receipt date shall be deemed to have been completed.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on February 17, 2009 with respect to the instant land to the Plaintiff.

The purport of the claim in a civil suit pertaining to the legality of the lawsuit in this case must be clearly identified so that the content and scope thereof can be clearly identified, and the determination of the purport of the claim is an ex officio investigation. Thus, where the purport of the claim is not specified, the court shall order ex officio correction and dismiss the lawsuit if it does not comply with the order of correction.

(See Supreme Court Decision 201Da111459 Decided March 13, 2014). As to the legitimacy of the instant lawsuit, the Plaintiff asserted that he/she occupied and used the instant land in a peaceful and public performance manner for at least 20 years, as seen earlier.

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