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(영문) 청주지방법원 2019.08.14 2017가단112379
토지인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the plaintiff's claim

A. On August 13, 1971, the Plaintiff’s father G was merged with F. F. 176.5 square meters in Cheongju-si, Cheongju-si prior to the merger, and E B. 160 square meters in 160 square meters prior to the merger (for the above land, the two land was combined with E. 336.5 square meters on June 15, 2018).

each ownership was acquired.

As G dies, the Plaintiff shall consult on the division of inherited property on June 24, 2017 with respect to each of the above land and the same year.

7.25. Completion of the registration of ownership transfer.

2) On September 18, 1971, the Defendant acquired ownership of H large 279.5 square meters, a neighboring land, and installed a fence at latest, as stated in the purport of the claim, and occupied and used, and made profits from, the land in the part being used by the Defendant (hereinafter referred to as “the part of the land in this case”), and the facilities, such as the building installed by the Defendant, are “facilities in this case”.

(i) [No. 1-1, 2, and 2-1, 2, and 3-1, 2, and 3-1, 2-3 of the evidence A based on recognition, entrustment of appraisal to the Cheongju-dong Vice Governor of the Korea Land and Land Information Corporation in this Court, and the results of fact inquiry, the facts without dispute,

B. According to the above facts of determination, the Defendant, the owner of the instant land, has the duty to remove the instant facilities and deliver the instant land portion to the Plaintiff, and to return unjust enrichment equivalent to the royalty of the instant land, barring any special circumstance.

2. Determination on the Defendant’s assertion of prescriptive acquisition

A. According to the facts acknowledged earlier, the Defendant, at the latest from September 18, 1971 to September 18, 1991, can be seen as possessing the part of the instant land for twenty (20) years from September 18, 1971, and the possessor is presumed to possess the land in a peaceful and public manner with his own intent. Thus, the Defendant’s acquisition by prescription was completed on September 18, 1991, barring any special circumstance.

B. As to this, the Plaintiff’s father and the Defendant from the late 1960s to the late 1970s.

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