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(영문) 울산지방법원 2019.11.15 2019가단100812
소유권이전등기
Text

1. With respect to Ulsan-gun C, Ulsan-gun, a road of 430§³:

A. Defendant B was registered with the Ulsan District Court and November 20, 2018 to Defendant A.

Reasons

1. Basic facts

A. Defendant A owned 430 square meters of road C in Ulsan-gun, Ulsan-gun (hereinafter “instant real estate”).

B. The Plaintiff occupies the instant real estate as a road from June 5, 1987.

C. Defendant A filed a lawsuit against the Plaintiff in 2018 claiming user fee for the possession of a part of the instant real estate (Ulsan District Court 2018Gadan168). However, in the said lawsuit, the Plaintiff’s defense of acquisition by prescription was accepted, and the judgment against Defendant A was rendered on October 26, 2018, and the judgment became final and conclusive as it did not file an appeal.

On November 20, 2018, Defendant A donated the instant real estate to Defendant B, one of his children, and completed the registration of transfer of ownership on November 20, 2018 with the Ulsan District Court’s registration and the registration of transfer of ownership on November 20, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination:

A. (1) A’s claim against Defendant A is presumed to have occupied the Plaintiff’s possession of the instant real estate in a peaceful manner with his own intent (Article 197(1) of the Civil Act), and Defendant A’s assertion that the presumption of the Plaintiff’s possession of the instant real estate is reversed is without merit, as there is no evidence to acknowledge it

(2) 20 years have passed since the Plaintiff occupied the instant real estate, and the prescriptive acquisition on June 5, 2007, which was apparent from the calendar, was completed.

Therefore, Defendant A is obligated to implement the registration procedure for transfer of ownership on June 5, 2007 with respect to the instant real estate to the Plaintiff.

B. (1) As seen earlier, Defendant A donated the instant real estate to Defendant B, one of the children, immediately after having received the judgment against the Plaintiff by accepting the Plaintiff’s prescriptive defense in the lawsuit claiming land use fees filed against the Plaintiff.

(2) Comprehensively taking account of the aforementioned circumstances and the purport of the entire argument, Defendant A regarding the instant real estate against the Plaintiff.

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