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(영문) 제주지방법원 2019.12.23 2019가단58621
소유권이전등기
Text

1. The counterclaim Defendant E with respect to the share of 4/5 in G road at the time of Jeju-do, and the counterclaim Defendant F, 1/5.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Eul evidence Nos. 1 through 5, the instant land was owned by H. The Plaintiff entered into a public land acquisition and compensation contract with H on July 21, 1983, and paid 1,993,900 won to H as compensation. On August 30, 1984, the land category of the instant land was changed from before the land to the road, and was incorporated into the road to the road, and was occupied, managed, and provided to the public for the passage of the general public. He was dead on April 9, 1987 and transferred the property jointly by the counter-Defendant, his children, and on July 4, 2018, the registration of ownership transfer of the instant land was completed under the name of the counter-defendant (E4/5 shares, F1/5 shares) by inheritance.

According to the facts of recognition, the Lessee is presumed to have occupied the land of this case in peace and openly with the intention to own the land of this case, and the prescription period of possession was completed on August 31, 2004 after the lapse of 20 years from August 30, 1984.

As such, the counterclaim Defendant E is obligated to implement the ownership transfer registration procedure on the ground of the completion of the acquisition by prescription with respect to the portion of 4/5 of the instant land to the counterclaim Defendant E, and the counterclaim Defendant F is obligated to implement the ownership transfer registration procedure on the portion of 1

Therefore, among the counterclaim of this case, the main claim of this case shall be accepted on the grounds of its reasoning (no judgment shall be made on the conjunctive claim among the counterclaim), and it is so decided as per Disposition.

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