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(영문) 대전지방법원 2015.05.15 2014나105897
취득시효완성으로 인한 소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On May 10, 1918, the 2nd 1st 6th 1st YT Y YY YY YY YY YY YY YY YY YY YY YYY YYY YYY YYYY YYY YYYY YYY YYY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY YY YY Y Y YY Y Y YY Y YY YY Y YY YY YY YY YY YY Y Y

B. As to the land of this case, no registry has been prepared until now.

C. Defendant C et al. and 11 are the heirs of the network D with X on the part of Seosan City.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 11 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion C and 11 are the deceased U’s heir, who was assessed against the instant land, and the Plaintiff is the owner of the instant land. As such, the Plaintiff seeks confirmation against the Defendant Republic of Korea on the fact that Defendant C and 11 owned the instant land.

In addition, after the Plaintiff’s purchase of the instant land from December 23, 1964, the Defendant C, et al., the owner of the instant land, as the heir of the deceased on June 19, 1983, occupied the instant land in a peaceful and public performance manner, and the Plaintiff continuously occupied the instant land by inheritance of the network B. As such, the acquisition by prescription for the instant land was completed on December 22, 1984, after the lapse of 20 years from December 23, 1964, which began to occupy the instant land from December 23, 1964, and as the deceased’s heir, Defendant C, et al., the owner of the instant land, was obligated to implement the ownership transfer registration procedure on the ground of the completion of the acquisition by prescription on December 22, 1984.

B. A claim for the registration of transfer of ownership due to the completion of the statute of limitations for one possession should be filed against the owner at the time of the completion of the statute of limitations.

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