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(영문) 창원지방법원통영지원 2015.10.15 2014가단13951
소유권이전등기
Text

1. The defendant shall accept on December 18, 1986 the defendant's real estate stated in the attached list from the Changwon District Court for the plaintiff.

Reasons

1. Basic facts

A. On June 3, 1919, the network B was assessed against the land D (hereinafter “the land before the instant subdivision”) located in Dong-gun, Dong-do (hereinafter “C”) (hereinafter “C”) in the name of Dong-gun, Dong-gun, Dong-do, Dong-do, and the name of the administrative district is changed to Do-si, Dong-do, Dong-do; hereinafter “Seoul-do, Dong-do, Dong-si, Dong-do,” the location of the land is indicated,

B. On May 23, 1938, the original area of E forest land 2479 on May 23, 1938 was divided into the area of the instant land that was corrected after 2500 square meters (hereinafter “instant land”).

C. The deceased on June 16, 1964. The deceased on June 16, 1964, and his heir is the deceased head of the deceased B and the deceased father F, the father of the plaintiff.

The deceased on January 19, 1980, and the heir of the deceased on January 19, 1980, there is the plaintiff et al. who is the president of the deceased F.

E. As to the instant land, the Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) by the Changwon District Court No. 13926, Dec. 18, 1986, which received on December 18, 1986.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff, as a co-owner of the instant land, sought the cancellation of the registration of ownership preservation, which was invalidated as a result of the act of preserving the jointly owned property. 2) The Plaintiff, as a preliminary claimant, occupied the instant land for twenty (20) years from December 18, 1986, and the acquisition by prescription was completed on December 18, 2006.

B. Defendant’s assertion 1) The Defendant treated the instant land as non-owned real estate, and acquired it for a separate reason, not through the procedures under the State Property Act and subordinate statutes. 2) It cannot be deemed that the Plaintiff occupied the entire instant land exclusively with the intention to own it.

3. The defendant shall use the land of this case around December 18, 1996 after ten years have elapsed since the date of receipt of the registration of preservation of ownership of this case.

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