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(영문) 광주지방법원 2015.11.04 2015가단508988
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts constituting the premise for judgment

A. On March 31, 1944, the registration of ownership transfer was completed in the name of Japan on March 31, 194 with respect to the land of 132 square meters prior to Gwangju-dong, Gwangju-gu (hereinafter “instant real estate”).

B. D signed a contract to purchase the instant real estate from C on April 15, 1965.

C. The instant real estate is reverted to the State under the Act on the Disposal of Property Belonging to the State, and the Defendant completed the registration of ownership transfer under the name of the Defendant on November 15, 1994.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that the plaintiff acquired the above real estate by prescription as follows, since he occupied the real estate of this case in peace and public performance for twenty (20) years from November 15, 1994.

1) On April 15, 1965, D, the Plaintiff’s argument at the first date for pleading, purchased the instant real estate on April 15, 1965, and occupied it from that time. D, upon D’s death, D’s son succeeded to D’s possession and continued to possess it thereafter. Upon the death of E, E succeeded to E’s possession, and continued to possess it thereafter. From December 2, 1982, the Plaintiff succeeded to F’s possession on December 2, 1982, and continued to occupy it thereafter. 2) The allegation at the second and third date for pleading, as of April 15, 1965, D purchased the instant real estate on April 15, 1965, and subsequently donated it to G, the Plaintiff was on possession of the instant real estate, but was on around 1983, and thereafter, the Plaintiff continued to occupy the instant real estate.

3. On April 15, 1965, the argument D, at the fourth date for pleading, purchased and occupied the instant real estate on April 15, 1965, and donated it to G Pool-ri, 1971. After that G occupied the instant real estate, but the transfer registration of ownership in the name of the Defendant was completed. This is against the Plaintiff, who was shotd around November 15, 1994.

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