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(영문) 대구지방법원 2014.12.19 2013가단811507
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Judgment as to the main claim

A. In around 1951, the Geum River Repair Cooperative, the Plaintiff’s assertion for the overall transfer of the Plaintiff, decided to build “L” as a small field for the purpose of ensuring the repair safety of the K answer located within the J district in Busan City, Busan. On April 5, 1955, at the time of the instant land No. 1, 20,482; on 15,600 exchange, the instant land No. 2 was purchased at 10,384 exchange and incorporated the instant land No. 3 into L’s lower ground; and on 1959, L was completed.

Accordingly, the Plaintiff seeks implementation of the procedure for the registration of ownership transfer, as stated in the primary purport of the claim, to the other Defendants, who are the heirs of the Defendant Seas who own 472/94 shares among the land Nos. 1 and 2 and the land No. 3 of this case and the network M, who own 472/94 shares among the land No. 3 of this case.

B. The judgment evidence No. 6 (L Form Purchase 6) states only the location, land category, land price, and owner of the land to be incorporated into L. Thus, it is insufficient to recognize that the Geum River Repair Association paid the purchase price of the instant land only with the statement of evidence No. 6. Thus, the Plaintiff’s primary claim on this premise is without merit.

2. Judgment on the conjunctive claim

A. In around 1951, the Plaintiff, the Plaintiff’s telegrapher, started to build L for the repair safety of the KW in the J region of the land of this case. On April 5, 1955, the Plaintiff purchased 37 lots, including the land of this case, as a whole at the lower site, and completed L around 1959.

Afterwards, the plaintiff is bringing in costs and manages L in order through Youngcheon Farmland Improvement Cooperatives and Gyeongcheon Farmland Improvement Cooperatives.

Accordingly, on December 31, 1979, the Plaintiff requested the Defendants to implement the registration procedure for transfer of ownership, such as the entry in the preliminary claim, due to the completion of acquisition by prescription from 1959 to 20 years after L was completed.

B. (i) If the nature of possessory right of immovables is not clear, the possessor is in accordance with Article 197(1) of the Civil Act.

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