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1. The Defendant connects the Plaintiff with each point of the attached cadastral map No. 4, 5, 12, 11, and 4 among the land in the Jinju City.
Reasons
1. Facts of recognition;
A. On September 10, 1986, E was partitioned into each E and D land, and among which D land was subdivided into D and C land on March 8, 2006.
(hereinafter referred to as "F-00 land". (b) Each land is specified as a parcel number, such as "F-00 land."
E The non-party G with the ownership of land completed the registration of ownership transfer on September 15, 1986 with respect to the land E prior to the aforementioned subdivision. However, as the G died on April 28, 1994, the registration of ownership transfer was completed on May 4, 1994 due to the inheritance by consultation division, and the registration of ownership transfer was completed under the name of non-party I on June 8, 2007.
C. On September 15, 1986, D and C’s respective land ownership net J completed the registration of ownership transfer with respect to D and C’s land prior to the aforementioned subdivision. However, on October 12, 2016, after the said D land was divided, the registration of ownership transfer was completed under the Defendant’s name with respect to each land D and C’s land due to inheritance by agreement division after the division.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that the Plaintiff occupied the entire share of the part (a) and (b) (hereinafter “each of the instant lands”) in consultation with the co-inheritors after the death of the deceased G and his wife, as the heir to whom the entire share of the said part (a) and (b) (hereinafter “each of the instant lands”) was transferred, for more than 20 years as the owner’s intention. The Defendant is obligated to implement the registration procedure for transfer of ownership of each of the instant lands on the ground of the completion of the prescription for acquisition by possession.
3. Determination
A. The relevant legal doctrine originally protects a person who has continued possession for a certain period of time and grants him/her the rights under substantive law. As such, a person who has occupied real estate in peace and openly for twenty (20) years is the owner of real estate in accordance with Article 245(1) of the Civil Act.