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(영문) 울산지방법원 2018.07.11 2017나25437
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 3, 1910, Ulsan-gun B, Ulsan-gun (hereinafter “instant land”) and the Seoul-gun, Ulsan-gun, Ulsan-gun, 1,977 square meters (hereinafter “D”) around the instant land were examined. On May 6, 1914, C transferred the ownership of each of the instant land to E on May 6, 1914.

B.F purchased D land from E in around 1948, and cultivated crops on the above land.

C.F died on January 17, 1951, and the Plaintiff, South Korea, by himself, succeeded to F’s property.

From around that time, the Plaintiff has cultivated crops in D land and has occupied them.

The Plaintiff paid the property tax imposed on the instant land from around 1979 to 2006.

E. On November 7, 1960, the defendant completed registration of preservation of ownership of the land of this case, and thereafter owned the land of this case until then.

F. On March 15, 1965, the Plaintiff completed the registration of initial ownership of D land.

[Reasons for Recognition] Facts without dispute, Gap's entries, Gap's evidence 1 through 4, 6, 7, 8, Eul's evidence 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. around 1948, F, the Plaintiff’s referred, purchased the instant land from E along with D land.

After the death of the above F on January 17, 1951, the Plaintiff is occupying the crops in D land and the instant land until now.

The acquisition by prescription was completed as the Plaintiff occupied the instant land in a peaceful and public manner with the intent to own it for not less than 20 years. However, for convenience, the Plaintiff seeks implementation of the procedure for the registration of ownership transfer due to the completion of the prescription on November 7, 1980, by setting the starting date of November 7, 1960, when the registration of ownership preservation in the name of the Defendant was completed on the instant land.

B. Defendant 1) It is difficult to readily conclude that the Plaintiff occupied the instant land for 20 years. 2) F from E.

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