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(영문) 춘천지방법원속초지원 2015.03.17 2014가단11163
소유권이전등기
Text

1. The Defendant completed the acquisition by prescription on November 27, 2013 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 7 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and the purport of the whole pleadings:

On September 12, 1983, the Gangwon-gun C land (564 square meters) was subject to registration conversion as a religious site on or around September 12, 1983, and the parcel number was changed to 564 square meters of the Gangwon-gun D Religious site (hereinafter referred to as “land before subdivision”) around June 5, 1997 due to the administrative change.

B. On December 31, 1974, E completed the registration of ownership preservation on the land before subdivision, and on November 27, 1993, E sold the above land to F, and F completed the registration of ownership transfer on July 26, 199.

C. On November 27, 1993, the sales contract between E and F included the following:

- - The seller and the buyer mutually agree to donate to the church the part on which the church building is already located among the real property located in the above article, at the time of registering the division.

Since then, on June 18, 2012, the land before subdivision was divided into each land listed in the separate sheet (hereinafter “each land of this case”).

E. The Defendant purchased each of the instant land from F on April 24, 2013, and completed the registration of ownership transfer on April 25, 2013.

2. Summary of the parties' arguments

A. On November 27, 1993, E, the former owner of each of the instant lands, which is the cause of the Plaintiff’s claim, sold to F land owned in the instant land including each of the instant land. At the time, E and F agreed to donate each of the instant land to the Plaintiff, and subsequently divided it thereafter, the Plaintiff had completed the registration of transfer.

However, the sale of each of the instant land to the Defendant on April 24, 2013, when F did not implement the procedure for ownership transfer registration under the said gift agreement.

If so, the plaintiff is about each land of this case for the period from November 27, 1993 to twenty years, which is the donation date.

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