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(영문) 대구지방법원 2018.01.24 2017나315046
소유권이전등기
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. On February 1935, the Defendant (the name before the change: the Simpo Fisheries Cooperative) purchased each real estate listed in the [Attachment 1,3,4, and 5] B large 21 square meters (all land shall be specified not more than once) and C large 3,170 square meters, D large 2,360 square meters, and a list 1,3,4, and 5 attached hereto.

B. The above he owned by the defendant

With respect to the land of approximately 1,740 square meters in aggregate among the land indicated in paragraph B, B, 221 square meters, C, 3,170 square meters, D, 2,360 square meters, the registration of ownership transfer was completed in sequence on June 2, 1986, in the future, on September 5, 1969, Samchisan Co., Ltd. (the name after the change was made) on September 17, 1973, on March 10, 1983 (the father of G, who was the Plaintiff’s representative director, died on October 4, 2002), and on June 2, 1986, the registration of ownership transfer was completed in order due to each trade in the future of H Co.).

C. From March 10, 1983, F purchased approximately 1,740 square meters of the above three parcels from Samchisan Co., Ltd., the real estate stated in the separate sheet (hereinafter “each of the instant real estate”) with the above three parcels of land to the present day is located within the fenced boundary.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4 (including paper numbers), the purport of the whole pleadings

2. On June 2, 1986, the Plaintiff’s assertion F purchased the entire land located within the fenced boundary including each of the instant real property at the time of purchase of the said three parcels of land on June 2, 1986. The Plaintiff was aware that the land located within the fenced boundary of the Plaintiff Company had been purchased by the Plaintiff. However, each of the instant real property still remains owned by the Defendant on the register, without the omission of ownership transfer registration.

The plaintiff purchased each real estate of this case, along with the above three parcels on June 2, 1986, and possessed it in a peacefully and openly with the intention to own it for not less than 20 years. As such, the plaintiff sought against the defendant the implementation of the procedure for the registration of transfer of ownership on June 2, 2006, which was 20 years after the commencement of possession, due to the completion of the prescription period.

3. Determination

A. Relevant legal principles.

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