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(영문) 대구지방법원 2016.06.30 2016나301224
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 3, 1980, the owner of the land A, a ditch A,923 square meters (hereinafter “instant land”) was registered in the forest register on March 3, 1980. The Defendant completed the registration of initial ownership on the instant land on November 13, 1987.

B. The Plaintiff currently occupies the portion of 2,514 square meters in the ship (hereinafter “the part in possession of this case”) in sequence with each point of 8,9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 8 of the attached drawings among the land in this case.

C. At present, there is no ditch on the part of the possession of this case, and there is a ditch on the Jeju-si (hereinafter “B”) adjacent to the part of the possession of this case.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1-4, 3, and 4-4, the present verification result by the court of the first instance, the result of appraiser C’s survey and appraisal, the purport of the whole pleadings

2. The plaintiff's ground for claim

A. D: (a) on May 4, 1989, to use neighboring land, including the instant occupied part, as land for factory, purchased from E the part adjacent to F forest land 17,421 square meters and the instant part of the possession of this case, and completed the registration of ownership transfer with respect to the said F land; (b) on November 10, 1989, the part adjacent to the said G land and the instant part of the possession of this case, which was purchased from H, 195 square meters and 1,451 square meters of G river, from H, and completed the registration of ownership transfer with respect to the said G land and the land under J’s name.

B. At the time of the purchase of each of the above land D, the part in possession of this case was growing bean and rice, and, in fact, the ditch was located on the land B, so insofar as the State did not actually use the occupied part of this case as the ditch, it cannot be deemed as administrative property, and thus, it is subject to prescriptive acquisition.

C. D, at least on November 10, 1989, finally purchased each of the above land, including the possession of this case, commenced possession of the part in possession of this case, and the Plaintiff.

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