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(영문) 광주지방법원해남지원 2019.03.19 2018가단201341
소유권이전등기
Text

1. As to the land indicated in the attached list to the Plaintiff, the Defendant is limited to the Plaintiff’s completion of the prescription on May 31, 2018.

Reasons

1. Basic facts

A. On October 26, 197, the Plaintiff completed the registration of transfer of ownership on the ground of sale on February 4, 1973, with regard to CYY 464, Jeonnam-gun, Jeonnam-gun, and the Defendant completed the registration of transfer of ownership on the ground of sale on April 4, 1954, with regard to DY 727, Jeonnam-gun, Jeonnam-gun, the Defendant completed the registration of transfer on the ground of sale on June 26, 1965.

B. The above A.

Since 1975 with respect to neighboring land, including each land in the port, a multi-functional rearrangement project was carried out over two years from around 1975, and as a result, CY 464 square meters in Jeonnam-gun, Namnam-gun, the land was replaced with 1,482 square meters (hereinafter “Plaintiff”) and allocated to the Plaintiff, and the PPP 727 square meters in Jeonnam-gun, Namnam-gun, the land was replaced with the land in the annexed list (hereinafter “instant land”).

C. As a result of the Dasan land rearrangement project, between the Plaintiff’s land and the instant land, the size of 889 square meters (hereinafter “F land”) was changed between the Plaintiff’s land and the instant land, Jeonnam-gun, Chungcheongnam-gun, Seoul.

(See attached cadastral map). (d)

As of the date of closing argument of this case, the land of this case and the land of the plaintiff, and the land of F are formed as a single issue without indicating the boundary, and H occupies it with the consent of the plaintiff, while maintaining the farmer.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, 5, 6 (including branch numbers in the case of provisional evidence), Eul evidence 1 and 2, witness F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. On November 15, 1979, the Plaintiff purchased the instant land from the Defendant, and thereafter began to cultivate the Plaintiff’s land and the Plaintiff’s land purchased from F as a single issue.

In around 1983, the plaintiff had H continue to grow in the country while moving as a source of water, and H cultivated the above issue with the consent of the plaintiff from that time until that time.

As a result, the Plaintiff’s peace and performance with the intention to own the land for a period of twenty years from November 15, 1979, directly or through H.

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