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(영문) 창원지방법원진주지원 2016.06.28 2015가단34952
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 9, 1968, the non-party Jinju purchased the land C site 1,028 square meters at the time of Jinju prior to the merger (hereinafter “instant land”). On January 8, 1987, the non-party D et al. was merged with the above land, and established E elementary schools on the ground.

B. On December 30, 1986, the land category of the instant land was changed from the site to the school site. On August 17, 1991, the Defendant received the registration of ownership transfer from Jinju-si with respect to the said land, and on October 17, 2014, the instant land was divided into C with respect to the said land.

C. On January 18, 1960, Nonparty F is the G land prior to the instant partition, where the “non-party F is not more than 2,909m2 in Jinju-si prior to the partition.”

Before the said partition, G land was divided into G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

(D) On March 15, 2001, the Plaintiff sold the land of G prior to the said subdivision to Nonparty L and M on March 3, 2001, and L sold its shares to Nonparty M on June 15, 2001, and M sold to the Plaintiff on November 8, 2002. D. The Plaintiff constructed a building on the ground of the land, such as Jinju-si, Jinju-si, and used and occupied the instant land as a chemical unit. E. There is a package between the land of Jinju-si and the instant land, which is the site of the E elementary school, and the instant land is in contact with Jin-si, and the instant land is in contact with the instant land of Jin-si. . 【Grounds for Recognition】, the fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings as a whole.

2. Since F, an owner before the Plaintiff’s assertion, purchased the instant real estate on January 18, 1960, the Plaintiff occupied the instant land in F, L, and M in sequence, and thereafter occupied the instant land until now by succession to the said possession.

Therefore, since the acquisition by prescription of possession of the instant land was completed on August 17, 201 after the lapse of 20 years from August 17, 201 by the Defendant based on the registration of ownership transfer from Jinju-si due to the succession of rights, the Defendant completed the acquisition by prescription for the instant land.

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