(영문) 제주지방법원 2014.06.27 2013가단12296

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(영문) 제주지방법원 2014.06.27 2013가단12296

소유권이전등기 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On June 13, 1965, the Plaintiff’s father He completed the registration of ownership transfer on the ground of sale and purchase on April 7, 1949 with respect to F.2654 square meters in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, and the Plaintiff succeeded to the above land owned by the Plaintiff, and the land owned by the Plaintiff and the instant land adjoining thereto.

B. The deceased E, along with the 2654 square meters owned by it, has been in possession of the portion of “B” out of the instant land when managing walsium trees planted in the part of “B” in the instant land among the instant land, and the Plaintiff also manages walsium trees planted in the part of “B” out of the instant land after E’s death, while managing walsium trees planted in the part of “B” in the instant land.

C. As to the instant land, G completed the registration of ownership transfer on the grounds of sale on March 19, 190, around April 16, 1990, and H completed the registration of ownership transfer on the grounds of sale on November 22, 2004, for sale by voluntary auction around September 20, 2004. Defendant C completed the registration of ownership transfer on the grounds of sale on May 2, 2005.

Defendant C filed a lawsuit against the Plaintiff on March 2013 against this Court’s 2013Gada3551, but on May 20, 2013, Defendant C served a written answer containing the Plaintiff’s claim for the prescriptive acquisition, and withdrawn the said lawsuit on June 17, 2013, following the donation of the instant land to Defendant B, who was on June 4, 2013. Defendant B completed the registration of ownership transfer on the instant land on June 5, 2013 due to the said donation.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4 (including each number), appraiser I's appraisal result, the whole purport of the pleading

2. Determination as to the cause of claim

A. At the time of completion of the prescriptive acquisition for the portion of “B” out of the Plaintiff’s instant land, Defendant C, the owner on the registry of the instant land, knew or could have known that the Plaintiff acquired the prescriptive acquisition for the portion of “B” out of the instant land.

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