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(영문) 인천지방법원 2020.12.23 2020가단220811
소유권이전등기
Text

1. The Defendant indicated in the attached Form No. 1, (2), (3), (4), (5), (6), and (7), among the area of no more than 1,547 square meters in the Incheon potter-gun C orchard, Incheon pool-gun.

Reasons

1. Facts of recognition;

A. The Plaintiff is the deceased D and E’s children.

The defendant completed registration of preservation of ownership on May 7, 1971 with respect to F's son, and 1,547 square meters in Incheon po-gun C-gun, Incheon po-gun, for the preservation of ownership.

B. In around 1962, the network D and E resided in a house located in the vicinity of the Incheon Cheongjin-gun, Incheon, and cultivated crops by occupying the following points: (a), (2), (3), (4), (5), (6), (7), (7), (8), (9), (23), (21), (2), (22), and (1) in line with the indication of the annexed drawings among the above C, (2), (4), (6), (7), (8), (8), (9), (23), (21, (22), and (1) in line with the adjacent land.

C. The deceased on November 25, 1970, and after the death of the deceased D, E continued to cultivate crops by succeeding to the possession of the instant land and adjacent land. From May 2002, the Plaintiff, who moved into E’s house, was growing crops by succeeding to the possession of the instant land and adjacent land.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 6, 7, 8 (including branch numbers if there are branch numbers), Eul evidence Nos. 1, and the result of an appraisal commission to the Incheon Vice Governor of the Korea Land and Information Corporation, the purport of the entire pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff succeeding to E and the said possession continued to possess the land of this case from May 7, 1971 to the time the closing date of argument in this case was closed. Such possession is presumed to be possession in a peaceful and public performance manner under Article 197(1) of the Civil Act. In a case where the title holder is the same during the period of prescriptive acquisition, the former possessor may take the starting date of voluntary possession after the commencement of possession as its starting date (see, e.g., Supreme Court Decision 97Da34037, May 12, 1998). As of May 29, 2019, the Plaintiff presented as the starting date of prescriptive acquisition as of May 29, 2019 (the date of May 28, 2019).

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