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(영문) 대구지방법원 2015.12.15 2015가단107264
소유권이전등기
Text

1. The Defendant is based on the completion of the prescriptive acquisition on July 14, 2010, with respect to 321 square meters in the Gyeongbuk-gun B, Gyeongbuk-gun.

Reasons

1. Basic facts

A. The Korea Agricultural and Rural Community Corporation (hereinafter “Korea Agricultural and Rural Community Corporation”) established a comprehensive succession to the rights and obligations of the Plaintiff’s general farmland improvement association, and the name of the Korea Agricultural and Rural Community Corporation was changed to the Korea Agricultural and Rural Community Corporation on December 29, 2005 and the name of the Plaintiff as of December 29, 2008.

B. The Defendant owned C’s ownership transfer registration on July 4, 1990 on the ground of sale on July 4, 1990. The Defendant completed the registration of ownership transfer in the name of the Defendant on July 14, 1990.

C. The land of this case is the site and embankment of D, which is the site and embankment constructed from March 194, 1943, which was the end of the day.

On June 1, 1945, the land category of the instant case was changed from the “B” to the “maintenance,” and the “D” is managed by Llildong.

On January 12, 1970, the Plaintiff transferred its rights to the Plaintiff, and thereafter the Plaintiff maintains and manages “D”.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence Nos. 1 through 4, 6, 7, 9, Eul evidence Nos. 15 and 17, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted 1) The Plaintiff asserted that the land of this case was obligated to implement the procedure for the transfer registration of ownership on July 14, 2010 on the ground of the completion of the acquisition by possession on July 14, 2010, since the ownership of the land of this case was the new starting point on July 14, 1990 when the ownership of the land of this case was changed in the future, and the acquisition by transfer was completed on July 14, 2010, since the Defendant had a duty to implement the procedure for the transfer registration of ownership on the ground of the completion of the acquisition by transfer on July 14, 2010, since it was not a fact that the sales contract was concluded on the land of this case and the compensation was paid in accordance with the lawful acceptance procedure.

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