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(영문) 제주지방법원 2017.12.22 2016가단59647
토지인도
Text

1. The Plaintiff:

A. Defendant Jeju Special Self-Governing Province indicated in the attached Form No. 2, 18, 19, 20, 21 among the area of 1,715 square meters prior to C in Jeju-si.

Reasons

1. The Plaintiff acquired ownership of the same day on March 20, 2014, with respect to the area of 1,715 square meters prior to Jeju-si, which was the same as that of the transaction.

Defendant Jeju Special Self-Governing Province occupies the attached Form 2, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 12, 11, 10, 9, 7, 6, 5, 4, 3, 3, and 2, among the area of 1,715 square meters in Jeju-si, Jeju Special Self-Governing Province (hereinafter “Defendant Jeju Special Self-Governing Province’s possession”), and the aforementioned portion is 250 square meters in proportion to the portion of “inboard” (hereinafter “the aforementioned portion”), 30 square meters in proportion to the attached Form 27, 28, 30, 321, 323, 34, 397, 294, 327, 30.

[In the absence of any dispute, Gap evidence 1-1, 2-2, Gap evidence 2, and the response of appraisal to the principal branch of the Korea Land Information Corporation] Therefore, barring any special circumstance, the plaintiff is obligated to deliver the part of the possession of the defendant Jeju Special Self-Governing Province, and the defendant Eul is obligated to deliver the part of the possession of the defendant Eul.

2. Judgment on the defendants' assertion

A. Since the 1970s, Defendant Jeju Special Self-Governing Province, which claimed the Defendants, has been in possession of the part of Defendant Jeju Special Self-Governing Province as a road, and Defendant B occupied the part of Defendant B’s possession as a peaceful and openly owned intent from around 1973 to the present. As such, the statute of limitations for acquisition has

B. As alleged by the Defendants, even if the Defendants occupied each part of the Defendants’ possession since the 1970s, the Plaintiff acquired ownership on March 20, 2014, which was after the expiration of the prescriptive acquisition period of 1,715 square meters prior to C in Jeju, and thus, the Defendants cannot assert the prescriptive acquisition of each part of the said possession to the Plaintiff.

Therefore, it is true.

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