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(영문) 창원지방법원진주지원 2020.02.06 2019가단32114
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. The land B Daecheon-si, Gyeongcheon-do (hereinafter “instant land”) had original ownership acquired under the circumstances of C around 1913, around 1913.

B. The ownership of the instant land was transferred to D in around 1915, Japan, the address of the Mama-gu, Japan.

C. On May 2, 1986, the defendant completed registration of preservation of ownership of the land of this case.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 10 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's ground of claim

A. On Aug. 1945, E, the Plaintiff’s father, was killed on Nov. 6, 195, after purchasing the instant land from D when D, Japan, returned to the Republic of Korea.

B. The Plaintiff, a child of E, inherited Australia, occupied and used the instant land by cultivating night trees, satise trees, satise trees, virtue, and vegetables, etc. on the instant land until now.

C. The Plaintiff continues possession of the instant land with his intention from August 1945 to March 2, 2019 by the deceased E, Japan, who purchased and occupied the instant land from Japan.

As of May 2, 2006, the period of prescription for the acquisition of the instant land was completed as of May 2, 2006, when the Defendant completed registration of preservation of ownership during the period of possession of E.

As such, the plaintiff, who is the possession successor of the network E, seeks a judgment as stated in the purport of the claim.

3. Determination

A. Article 245(1) of the relevant provisions of the Civil Act provides that “A person who possesses real estate in peace and openly with the intention to own it for twenty years shall acquire its ownership by filing for registration.” Article 197(1) provides that “A possessor shall be presumed to have occupied the real estate in good faith, peace and openly with the intention to own it,” and Article 199(2) provides that “A possessor shall also succeed to the defect if he/she claims the possession of a full-time possessor.”

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B. The Plaintiff’s land of this case is not less than 20 years.

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