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(영문) 대구지방법원경주지원 2020.06.09 2018가단13656
소유권이전등기
Text

1. All of the plaintiff's lawsuits shall be dismissed.

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

Reasons

Basic Facts

On November 21, 1917, the forest land of this case was registered on the registry as the land under the name of the State “,” and was registered on November 23, 1928 with the transfer of ownership to P, Q, R, and S, which are the fleets of the remaining Defendants.

On September 15, 2018, the Plaintiff held a community conference (hereinafter referred to as “instant meeting”) on September 15, 2018 and elected T as its representative with the consent of 20 members present, and resolved to raise the instant lawsuit.

[Ground of recognition] The plaintiff's assertion of the whole purport of the argument by the plaintiff is a unique kind of meaning composed of residents of "A Village", a natural village, and is a person who resides in A with his/her own choice as its members.

P, Q, R, and S transferred the ownership of the forest of this case from Japan on November 23, 1928 and donated the forest of this case to the Plaintiff before the Sea. Village residents used the forest of this case, such as seeking a fire fighter or filing a lawsuit, etc. in the forest of this case. In early the early 1980s, the Plaintiff installed the village joint water supply facilities in the forest of this case so that all village residents can use the forest of this case.

Therefore, inasmuch as the acquisition by prescription was completed on January 1, 2016 after the lapse of 20 years from the date of voluntary commencement by openly occupying the forest of this case with intent to own the forest of this case for more than 20 years, the Plaintiff sought implementation of the procedure for registration of transfer of ownership of the forest of this case to the Defendant.

In the instant complaint, the Plaintiff sought implementation of the procedure for ownership transfer registration on the ground of the completion of prescriptive prescription against the remaining Defendants, and withdrawn the lawsuit against the remaining Defendants on November 28, 2019, but the remainder of the Defendants did not consent to the withdrawal of the lawsuit.

The plaintiff asserts the completion of the prescriptive acquisition of the forest of this case against the defendant Republic of Korea by filing an application for modification of the purport and cause of the claim on November 29, 2019.

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