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(영문) 수원지방법원 2017.02.16 2016가단542641
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 Plaintiff completed the registration of ownership transfer under his name on March 15, 1968 with respect to 254 square meters prior to Sungsung City D.

(b) describe the content as shown below in D and B’s land cadastre, land cadastre and register.

Before the land category of D, area 231 square meters, area 231 square meters, area 26 December 26, 1973, the main number of which was partitioned and sub-divided on April 28, 1995, the land classification of E is 254 square meters before the land category, area 764 square meters, correction of registered matters, 764 square meters before February 3, 2016, unit area B converted into unit area B land category, road area 231 square meters, area 231 square meters, unit area 2, D on December 24, 1996, land category, road area 764 square meters, ownership preservation, area 76 square meters on March 21, 201, area of land registered (construction and Transportation), area 196 square meters on December 24, 2016, and area 196 square meters on the road register (area 196 square meters).

C. On March 24, 2016, the C-road 18 square meters was divided from B’s land:

D. The instant land is continuously offered for the passage of the general public after its land category has been changed to a road.

[Reasons for Recognition] Unsatisfy, entry in Gap 1-3 evidence (including various numbers in the case with a serial number) and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The plaintiff asserts that the plaintiff is obligated to perform the registration of ownership transfer based on the restoration of authentic names, since the land B was divided from the D's own land and C was re-divided, and the defendant completed the registration of ownership transfer without any legal ground as to the land B.

Since December 26, 1973, when the land category was changed to a road to the land cadastre, the defendant occupied the land in this case as the intention of ownership for at least 20 years, which was entered as of December 26, 1973, and the acquisition by prescription has been completed or the registration of preservation of ownership in the name of the defendant as to the land B has been completed.

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