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Reasons
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(영문) 광주지방법원순천지원 2015.11.06 2015가단8784
소유권이전등기
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant completed the registration of ownership transfer on October 22, 1970 with respect to the land of this case on December 4, 1970.

The former owner of the instant land is the father E of the Defendant and the E died on January 10, 1970.

The reason for registration seems to have existed between the sale and the E's co-inheritors and the division of inherited property.

B. The Plaintiff completed the registration of ownership transfer on the ground of sale on September 8, 1970, No. 12522 of receipt of No. 1252 on August 7, 1980, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 3094, Dec. 6, 1978; hereinafter “Special Measures Act”). The Plaintiff completed the registration of ownership transfer on the ground of sale on September 8, 1970, under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate.

C. The Plaintiff completed the registration of transfer of ownership on the ground of sale on August 9, 1970, under the Act on Special Measures (Act No. 3094) with respect to the F-Domyang-si F-Domyang-si F-754 square meters (hereinafter “F-si”).

The Plaintiff completed the registration of transfer of ownership based on sale on October 17, 2006, No. 2311 of receipt of No. 2311, Feb. 15, 1975, pursuant to the Special Measures Act on Special Measures (amended by Act No. 7500, Jan. 1, 2006) with respect to G land of 395С G-si (hereinafter “G land”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, 5, and 6 (including branch numbers), the purport of the whole pleadings

2. Summary of the cause of the claim;

A. The Plaintiff purchased the instant land from the Defendant around 1975, and the Plaintiff purchased the land again from H around 1980.

B. Since then, the Plaintiff occupied the instant land for more than 20 years from January 1, 1981, and the period of prescription for the Plaintiff’s possession of the instant land was completed on January 1, 2001 after 20 years from that time.

C. Therefore, the defendant completed the acquisition by prescription on January 1, 2001 to the plaintiff.

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