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(영문) 서울중앙지방법원 2019.02.13 2018가단5090028
소유권이전등기
Text

1. The Defendants completed the prescriptive acquisition on December 14, 2001 with respect to each one-half share of 1,730 square meters of C Forest in Ansan-si to the Plaintiff.

Reasons

1. Basic facts

A. On January 1, 200, the Korea Agricultural and Rural Infrastructure Corporation was merged with the Korea Agricultural and Rural Infrastructure Corporation. On December 29, 2005, the name was changed to the Korea Agricultural and Rural Community Corporation. On December 29, 2008, the name was changed to the Plaintiff.

(hereinafter referred to as "Plaintiff", regardless of whether it is before or after the comprehensive succession and change of name, and when it is necessary, it refers to the specific name).

The plaintiff started to work as a reservoir in the Dogdong-gun of Ansan-gun of Gyeonggi-do with the approval of the establishment of the Gyeonggi-do Governor in 1955 and completed the reservoir E in 1957.

(hereinafter referred to as “instant reservoir”). C.

On March 14, 2017, the land partitioned into a 8,853 square meters of forest land in Ansan-si (hereinafter “instant land”). With respect to the previous land before the subdivision of this case, G was registered to preserve ownership on February 26, 1971; H was registered to transfer ownership on July 1, 1981; the Defendants completed the registration of ownership transfer on the ground of sale on December 14, 1981.

The land of this case is being used as the site for the reservoir of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff, who is the prime contractor’s association, purchased the instant land from G to use it as a site for the instant reservoir (at the time of the destruction of the cadastral record), and filed a claim against the Defendants for implementation of the registration procedure for transfer of ownership due to the completion of the statute of limitations for possession, by asserting that it was possessed as the relevant site after completing the reservoir.

B. After the completion of the acquisition by prescription of possession of real estate in the relevant legal doctrine on the completion of the acquisition by prescription, the registration of ownership transfer in the name of a third party is not made with respect to the relevant real estate.

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