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(영문) 대구지방법원 2015.03.10 2014가단118533
소유권이전등기
Text

1. The defendant is on the ground of the completion of the prescriptive acquisition on November 27, 200 with respect to 26,545 square meters of the forest land B, Gyeongju-gun, Gyeongbuk-gun, Gyeongbuk-do.

Reasons

1. Basic facts

A. The details of changes in ownership on the registry of 26,545 square meters of forest land B in Gyeongdong-gun, B (hereinafter “the instant forest”) are as follows:

E E H BD FG C

B. The deceased on September 12, 1983, the network E died. The defendant completed the registration of ownership transfer on December 20, 1988, on the ground of the inheritance on September 12, 1983, on the basis of the 37,374 square meters of F. 37,374 square meters of the land in this case, a real estate, prior to the division of the forest in this case, as one of the heirs of the deceased E, as in the six attached Table 6 attached hereto.

The forest land of this case was divided from the above F on August 14, 2014.

C. On November 10, 1959, the Plaintiff’s land improvement cooperative, a telegraphic telegraph, commenced the I reservoir on the next side of the instant forest land and completed on December 31, 1965.

Part of the forest land of this case is the surface site of the I reservoir, and part of it is the part within the boundary of the I reservoir.

The current status of the forest of this case and the I reservoir shall be as follows:

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 16, and the purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of prescriptive acquisition

A. The plaintiff asserted that the land improvement cooperative, a telegraphic telegraph, occupied and used the forest of this case as its owner's intention since he purchased Gyeong-gun B, including the forest of this case, around January 18, 1963. Thus, the plaintiff asserted that the forest of this case was acquired by prescription on November 27, 200 after the lapse of 20 years from November 27, 1980, which was newly completed the registration of ownership transfer due to the sale by the network E.

B. If the nature of the source of possessory right of real estate in relevant legal principles is not clear, the possessor is presumed to have occupied in good faith, peace, and public performance pursuant to Article 197(1) of the Civil Act. Such presumption is equally applied to the possession by the State or a local government, which is the managing body of cadastral records, etc., and without any legal act or other legal requirements, which may cause the possessor to acquire ownership at the time of commencement of possession

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