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(영문) 창원지방법원 2015.01.06 2014나30197
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On December 4, 1962, the Plaintiff’s assistance division acquired possession of each of the instant maintenance and ditches from F, and died on January 27, 1974. Since then, the Plaintiff’s father G succeeded to the possession of the said E, and died on November 15, 1996, and thereafter, the Plaintiff succeeded to the possession of the said G and cultivated bamboo, bamboo trees, etc. on the ground.

B. At the time E acquires the above possession from F, the text of “land trade bilateral contract” was written between E and F.

[Ground of recognition] A without dispute, entry of Gap evidence 7, purport of whole pleadings

2. The parties' assertion

A. On December 4, 1962, the Plaintiff asserted that he purchased each of the maintenance and ditches of this case from F, and died on January 27, 1974 while he occupied them on the ground, such as barley, ancient, etc. After the Plaintiff’s father G succeeded to the possession of the above E, and died on November 15, 196 from among the Plaintiff’s side G were cultivated on the above maintenance and ditches, and died on the ground, and thereafter, the Plaintiff succeeded to the possession of the above G and continued cultivation on the ground. Accordingly, the Plaintiff succeeded to the possession of the above G and continued cultivation on the ground. Since the Republic of Korea completed the acquisition by prescription on January 27, 1994 after the lapse of 20 years from January 27, 1974, the Plaintiff was obligated to perform the acquisition by prescription on each of the above rights as the owner of each of the above G, the Plaintiff’s own ownership transfer registration.

B. The summary of the Defendants’ assertion 1 as to each of the instant maintenances in the summary of the Defendant’s assertion is administrative property, and thus cannot be subject to prescriptive acquisition, and the Defendant market managed.

Even if it is not so, E is merely purchasing the right to cultivate or manage each of the instant maintenance, and thus, the Plaintiff’s possession is the owner of the instant maintenance.

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