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(영문) 대구지방법원포항지원 2016.07.12 2015가단306147
소유권이전등기
Text

1. The defendant is based on the completion of the prescriptive acquisition on August 31, 2001 with respect to the remaining-gu 47 road B at the time of port to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 17, 1929, C acquired 47 square meters of the Southern-gu Road B (hereinafter “instant land”) at the port of port and died around 1936.

B. On April 8, 1940, the land of this case was changed to a road by the Japanese authorities on April 8, 1940, and has been provided as a long-term passage for the general public from that time.

At present, the above land is currently incorporated into the main road at the port of the E side from the D bank, and the person in charge of possession management is the plaintiff.

C. Meanwhile, the Defendant is the owner who completed the procedure for the registration of ownership transfer on the ground of sale as of April 5, 1960 with respect to the instant land on August 31, 1981.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion was that the plaintiff purchased the land of this case from his heir on April 8, 1940 by due process, acquired it as a road, opened as a road, and opened as a way of offering it for the passage of the general public. Therefore, the first acquisition by prescription on the land of this case was completed on April 8, 1960. The first acquisition by prescription on August 31, 1981 was completed. Since the owner of the above land was changed on August 31, 1981, the plaintiff's above possession continued, but the period of prescription for the second acquisition by possession was completed on August 31, 2001 after the lapse of 20 years thereafter. Therefore, the defendant is obligated to implement the procedure for the transfer registration on the land of this case on the ground of the completion of the prescription for the possession by possession.

Therefore, the plaintiff shall submit data on the acquisition procedure of the land of this case.

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