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(영문) 인천지방법원 2019.07.23 2018가단222722
소유권이전등기
Text

1. The defendant is on the ground of the completion of the prescription of possession on June 30, 2001 with respect to the land size of 440 square meters prior to Incheon Dong-gu, Incheon Metropolitan City C.

Reasons

1. Basic facts

A. The Defendant is the owner who completed the registration of ownership transfer on the ground of sale on December 5, 1988 with respect to 440 square meters (hereinafter “instant land”; hereinafter the same shall apply) prior to Seo-gu, Incheon Metropolitan City on the ground that the Dong name is omitted, and the Plaintiff is occupying the said land.

B. On May 30, 1963, the Plaintiff’s attached network D had completed the registration of ownership transfer on the ground of the completion of reimbursement in accordance with the Farmland Reform Act on May 30, 1963 with respect to the land E (see the attached cadastral map, which is abutting on the north side of the instant land) and F land (see the attached cadastral map) and F.

D As the inheritor et al died on December 9, 1965, on December 31, 1974, the registration of ownership transfer was completed in accordance with the inheritance shares with respect to the above land on December 31, 1974. The plaintiff became a sole owner by purchasing another heir's shares on June 30, 1981 and completing the registration of ownership transfer.

C. On the other hand, the Plaintiff is the Plaintiff with the G 400 square meters adjacent to the instant land and E, F land and west.

Although the registration of ownership transfer has been completed through the same process, the defendant cultivates and occupies it.

[Ground for Recognition: Unsatisfy Facts, entries in Gap evidence 1 through 11, images, purport of whole pleadings]

2. The parties' assertion

A. Since the Plaintiff’s return on December 30, 1965, the Plaintiff occupied and used agricultural crops in the instant land and E and F land as its intention to own, in a peaceful and public performance manner. As such, at least 20 years have elapsed since June 30, 1981, the acquisition by prescription for the instant land was completed on June 30, 201, when 20 years have elapsed since the registration of ownership transfer was completed solely with respect to E and F land adjacent to the instant land.

B. There is no circumstance to deem that Defendant 1’s attached Defendant 1 did not cultivate the instant land by means of farmland distribution, and that the Plaintiff did not inherit the instant land and did not purchase it or possessed it by intention to own.

The plaintiff is the defendant of this case.

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