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(영문) 전주지방법원남원지원 2020.10.21 2020가단26
소유권 이전 청구
Text

The defendant is based on the completion of the acquisition by prescription on December 31, 1972 with respect to the land size of 526 square meters in Jeonbuk-gun, Jeon Chang-gun.

Reasons

From December 31, 1952, 1952, the Plaintiff’s father D occupied the area of 526 square meters (hereinafter “the instant real estate”). The possession is presumed to have been possession in a peaceful and public performance manner as owned by the Plaintiff (Article 197(1) of the Civil Act). Since July 28, 1992, D died on November 24, 201, the Plaintiff’s mother died on the part of November 24, 2017, and the Plaintiff succeeded to the claim for ownership transfer registration on the ground of the statute of limitations for possession of the instant real estate from D and E.

D As of December 31, 1972, when 20 years have elapsed from December 31, 1952, the acquisition by prescription was completed with respect to the instant real estate, the Defendant, as a registrant of the instant real estate at the time the acquisition by prescription was completed, is obligated to implement the registration procedure for the transfer of ownership due to the completion of the acquisition by prescription with respect to the instant real estate to the Plaintiff.

[Inasmuch as the Defendant received notification of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading, only the matters necessary to specify the claim pursuant to Article 208(3)3 of the Civil Procedure Act shall be written in the reasoning of the judgment]

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