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(영문) 춘천지방법원영월지원 2015.11.25 2015가단1906
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on December 17, 1959 with respect to the size of 479 square meters in Gangwon-gun, Gangwon-gun, Gangwon-gun, and the registration of ownership transfer was completed on the same day with respect to the 1/14 share of the above land, and the registration of ownership transfer was completed on October 10, 1959 with respect to the 1/14 share of the above land.

In addition, on June 15, 1985, 13/14 shares of 13/14 square meters in Hanwon-gun, Kangwon-gun, Gangwon-gun, which is the owner of the network C, was completed due to the sale on January 6, 1963, and the registration of ownership transfer was completed on June 15, 1985 with respect to the shares of 1/14 shares in the above land which is the owner of Jung-gun education district.

B. On June 21, 1985, the registration of ownership transfer was completed in the name of the sole owner in the name of the fleet on the ground of the agreement on the division of the common property as of June 15, 1985, and the registration of ownership transfer was completed on November 26, 1991 under the name of the defendant on the ground of the agreement on the division of the common property as of June 21, 1985.

After October 16, 2006, the land of this case was combined with the land of this case and E large-251 square meters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. The assertion;

A. On July 29, 1973, the Plaintiff’s assertion F succeeded to the instant land from the deceased, his father, and the Plaintiff succeeded to the instant land from the deceased F on January 12, 1995. From around 1987, the deceased F and the Plaintiff received land rents each year from the owners of the instant land.

Therefore, since the acquisition by prescription on November 26, 201, which was 20 years from November 26, 1991, the Defendant acquired the ownership of the instant land, completed on November 26, 201, the Defendant is obligated to implement the procedure for registration of ownership transfer as stated in the purport of the claim to the Plaintiff.

B. The plaintiff alleged by the defendant was occupied by the land of this case with the well-known knowledge that there is no legal requirement for acquiring ownership, and even if the plaintiff's possession of the land of this case constitutes an autonomous possession, the land of this case is not subject to the acquisition by prescription.

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