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(영문) 창원지방법원 2016.05.25 2015나36048
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The instant real estate is a real estate connected to the land located in B forest B in Tong-gu, 81482 square meters, C forest land 5980 square meters, D maintenance 274 square meters, E maintenance 2122 square meters, F maintenance 1412 square meters, G field 245 square meters (hereinafter “each adjacent land”). The instant real estate was recently assigned to J, H forest 163 square meters, and K, but the registration of preservation of ownership was not yet made, and the Defendant issued a non-state real estate publication as to H forest 163 square meters among the instant real estate from May 28, 2014 to November 27, 2014.

B. The Plaintiff’s father-I completed the registration of ownership transfer on April 25, 1983 with respect to C forest land 5980 square meters, among each neighboring land of this case, on the grounds of sale on April 22, 1983. The Plaintiff completed the registration of ownership transfer on April 25, 1983, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562, Jun. 25, 1985) with respect to D maintained 274 square meters, E maintenance 212 square meters, F maintenance 1412 square meters, G 245 square meters, etc.

C. The Plaintiff completed the registration of ownership transfer on September 16, 2013 due to the gift on August 22, 2013 from the said I with respect to each adjacent land of this case.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2 and 4 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion I began to possess the instant real estate after acquiring the ownership of each of the instant neighboring lands through sale, etc., and began to occupy the instant real estate from June 25, 1985, which began to exist with the possession of the instant real estate at least, and the Plaintiff succeeded to I’s possession and continued to occupy the instant real estate with the intention to own it for at least 20 years from the date of commencement of possession. As such, the Plaintiff acquired the instant real estate by prescription on June 25, 2005.

Therefore, the defendant completed the acquisition by prescription on June 25, 2005 with respect to the real estate of this case, which is not registered to the plaintiff.

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