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(영문) 대전지방법원천안지원 2016.05.24 2015가단10611
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an owner of the area of 932 square meters and the area of 2,714 square meters in ASEAN-si, Asan-si.

B. On October 24, 1987, the registration of ownership preservation was completed in the Defendant’s name on the Bridge B, 8,275 square meters in Ansan-si, Asan-si, and the share of a ditch 488 square meters (hereinafter “instant land”) is between the share of a 932 square meters and the share of a 2,714 square meters in a D farm site in the aforesaid Asan-si, Asan-si.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 6, Eul evidence 6, and the result of this court's commission of surveying and appraisal on the President of A mountainous district of the Korea Land and Information Corporation

2. The Plaintiff asserted that he occupied the land of this case among the land owned by the Plaintiff in a peaceful and open manner by his intent to cultivate the land of this case, etc. from 1984, and thus, the Plaintiff acquired the land of this case by prescription on December 30, 2004, which became 20 years thereafter.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land to the Plaintiff on the ground of completion of prescription.

3. Determination

A. 1) The instant land is indicated as a ditch in the cadastral map and forestry map prepared around February 1912, but its number has not been indicated separately. 2) The Defendant registered the instant land on June 30, 195 with respect to the size of the B ditch B, 8,232 square meters as the owner on the land cadastre on June 30, 1955. On October 24, 1987, the registration of the preservation of ownership was completed under this Court Asan registry No. 23544 on October 24, 1987. On February 12, 2015, the area of the said ditch was corrected with the area of 8,275 square meters, and the registration was completed as a corrected area on February 13, 2015.

3) Although the land category of D farm site owned by the Plaintiff was originally changed to the farm site in around 2001, the land category was changed to that of the farm site in 2001. [The grounds for recognition] The evidence mentioned earlier, Eul evidence Nos. 1 through 10 (including the number of the land, and the purport of the whole pleadings.

B. According to the relevant statutes and the Decree on Land Survey (repealed No. 2, No. 13, 1912) and the Rules on Land Survey by the Joseon General, Germany, and the Provisional Land Survey Authority (repealed, No. 33, Jun. 13, 1913), one of 18 land categories shall be determined depending on the type of land.

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