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(영문) 대구지방법원 2020.08.14 2019가단141941
소유권이전등기
Text

1. Defendant B completed the acquisition by prescription on October 13, 1986, with respect to F. 152 square meters on the road of 152 square meters in Gyeongbuk-si, Gyeongbuk-do.

Reasons

1. Facts of recognition;

A. Gyeong-si Gyeong-si, Gyeongbuk-si (hereinafter “instant land”) was divided into G 823 square meters on November 18, 1941 and G 777 square meters on the land cadastre and F 46 square meters (hereinafter “instant land”). The instant land was converted into a road on the same day.

Around that time, local highway H(I) road was constructed on the instant land.

B. As of October 13, 1966, Defendant B’s predecessor J completed the registration of ownership transfer on the instant land due to sale and purchase on the same day, and Defendant B completed the registration of ownership transfer on the instant land as of June 19, 2018 due to inheritance by agreement and division on December 23, 1973.

C. On December 1, 1938, which was the day of Japanese colonial rule, the land of this case was designated as Do H (I). The land of this case was divided into November 18, 1941 and its land category was changed, and was changed into part of Do H as seen earlier.

On January 6, 1968, Defendant Gyeong-do occupied and managed the instant land as a local highway K (L), as a local highway M around July 9, 1981, and as a local highway N on November 8, 1995.

On February 20, 2003, the Japanese land of this case was designated as the State-funded local highway P (T) and local highway NR by O on February 20, 2003, and was excluded from the State-funded local highway P (T) route due to S announcement on August 4, 2003, and the abolition of the use of the road was announced to U on August 4, 2003.

E. On November 9, 2005, the Plaintiff succeeded to the rights and possession of Defendant Gyeongbuk-do with respect to the instant land, and designated the land of this case as the Class 5 line in the Gyeongsan City Urban Planning Road as the Class 5 line in the Gyeongsan City Urban Planning Road on the same day. Thereafter, on February 8, 2010, the Plaintiff changed the land of this case to Class 6 line in the 2-Class 6 line in the Gyeongsan Urban Planning Road as the Gyeongsan City Urban Planning Road as the Gyeongsan Urban Planning Road.

F. The instant land is currently used as an urban planning road in Busan Metropolitan City, and the Plaintiff occupies and manages it.

G. Defendant B filed the Plaintiff as Seoul Central District Court 2018Kadan58906.

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