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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Grounds for claim;
A. The real estate indicated in the attached list (hereinafter “instant real estate”) is owned by the network B. The Plaintiff’s father C, with the consent of the network B, newly built a single-story housing unit on the instant real estate surface (hereinafter “instant housing”).
B. The deceased B died on October 31, 1944, and the deceased C purchased the instant real property from the wife of D, the South-North of the deceased B on October 4, 1959, but the transfer registration was not completed.
C. The deceased C died on December 30, 1987, and the Plaintiff continued to occupy the instant real estate following the deceased C. D.
On the other hand, on November 7, 1960, the defendant completed the registration of ownership preservation pursuant to Article 11 of the Farmland Reform Act on the real estate of this case.
In the old land cadastre concerning the instant real estate, F is indicated as the owner who acquired the ownership of the instant real estate on May 23, 1981.
E. The Plaintiff succeeded to the possession of the real estate in this case by the deceased C, and occupied the real estate in a peaceful performance with the intention to own it for twenty (20) years from May 23, 1981, and thus, the Defendant is obligated to implement the procedure for the registration of ownership transfer for the real estate in this case on May 23, 2001.
2. Determination
A. First, as to whether the Plaintiff occupied the instant real estate for a period of twenty (20) years from May 23, 1981, in light of the following circumstances that are acknowledged by comprehensively considering the overall purport of the pleadings in the statement No. 4 and the overall purport of the pleadings, there is insufficient evidence to acknowledge only the images of No. 8-1 to No. 3, and there is no other evidence to acknowledge it.
① The area of the instant housing is merely 28.9 square meters, and it is difficult to deem that the ownership of the instant housing alone occupied the entire real estate.
② Furthermore, the owner is only recorded in the building ledger on the instant housing, and the Plaintiff is the owner or the deceased of the instant housing.