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(영문) 광주지방법원 2019.11.05 2019가단507891
소유권이전등기
Text

1. The Defendant Republic of Korea confirms that the entire 142 square meters is owned by Defendant B.

2. Defendant B shall be the Plaintiff.

Reasons

1. Basic facts

A. The remaining land area of 142 square meters prior to Gwangju Nam-gu is unregistered land and is registered as the owner who was under the circumstances of D on March 19, 1915 on the old land cadastre concerning the above land (hereinafter “instant land”). The owner’s address column is a blank.

B. On August 17, 1980, E, the Defendant, as the Defendant’s partner, was deceased and succeeded solely by the Defendant.

[Ground of recognition] Facts without dispute, the whole purport of pleading

2. As to the claim against the defendant B

A. In full view of the facts of recognition as evidence Nos. 1, 2, 3, and 8-1, 2, and 13 of evidence Nos. 6-1, 2, and 13 of evidence Nos. 1, 2, and 13 of evidence Nos. 1, and evidence Nos. 1, 2, and 13 of evidence Nos. 1960, G’s witness F’s testimony, and the whole purport of the pleading, the Plaintiff

The evidence Nos. 7 and 8 against the above facts of recognition shall be rejected in light of the evidence mentioned above.

B. G and the Plaintiff’s possession of the land of this case is presumed to have been jointly and openly held as the intent owned by the Plaintiff under Article 197(1) of the Civil Act. The evidence Nos. 7 and 8 was not sufficient to reverse the above presumption, and there was no other evidence to reverse the above presumption. Thus, on March 19, 2019, which was claimed by the Plaintiff as the initial date of the completion of the statute of limitations for the acquisition of possession, the statute of limitations for the Plaintiff’s possession of the land of this case was completed.

(See Supreme Court Decision 97Da8496, 8502 delivered on May 12, 1998). C.

According to the overall purport of evidence Nos. 1, 2, and 3 of the Defendant’s obligation to implement the registration procedure for ownership transfer registration, and the entire purport of the pleading, “D” and “E”, the assessment title of the instant land, are identical to that of the name. According to the provisions of the Provisional Land Survey State, the address of the owner is omitted in cases where the address of the owner is the same as that of the land, Myeon, Gun, and Do. However, “D”, the legal domicile of which was located in the Nam-gu Seoul Metropolitan City

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