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(영문) 전주지방법원 2016.07.15 2015가단39069
취득시효를 원인으로 한 소유권이전등기
Text

1. The defendant is based on the completion of the prescriptive acquisition on April 6, 2008 with respect to the land size of 189 square meters in Kim Jong-si, Kim Jong-si.

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1 to 10 (including paper numbers), the witness D's testimony and the whole purport of the pleadings, and each statement in Eul evidence Nos. 1 and 2 lacks to reverse the above recognition, and there is no counter-proof otherwise.

Nonparty E completed the registration of transfer of ownership on the ground of the completion of repayment on June 29, 1961 by the Jeonju District Court Kim Jong-dong Office (No. 6188 of the receipt on June 29, 1961, with respect to Kim Jong-si 189 square meters (the beginning area was 198 square meters, but part was divided; hereinafter “instant real estate”).

B. On April 6, 1988, the non-party G, the husband of the plaintiff, purchased the real estate of this case from the non-party G that purchased the real estate of this case from the above Eul, and purchased 130 km and occupied the real estate of this case without any interference with the plaintiff from that time.

C. The deceased on Dec. 22, 2009, the deceased on Dec. 22, 2009, and the right to the instant real estate was inherited by the Plaintiff, his spouse, following the agreement on the division of inherited property, and the Plaintiff continued to possess the instant real estate with his intention to own it, without being disturbed thereafter.

Meanwhile, the Defendant completed the registration of ownership transfer based on sale on December 20, 1985 under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate, which was in force on April 8, 1995 by the Jeonju District Court Kim Jong-dong Office (No. 12143).

2. According to the above facts of recognition, on April 6, 1988, the deceased F commenced peace and openly possession with its intent to own the instant real estate, and on April 6, 2008 when 20 years have elapsed since the commencement of possession (the plaintiff indicated on April 5, 2008 the completion date of acquisition by prescription, but on April 6, 2008, the acquisition by prescription was completed) of the instant real estate by prescription.

As such, the completion of the prescription of possession is complete.

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