logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.06.04 2019나978
소유권이전등기
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. On January 17, 1969, the registration of ownership transfer was completed in the future B, the father of the Plaintiff, C, D, E, and F, and on March 5, 1970, the instant land was divided from the said land, and the land category was changed to “maintenance” and registered on the land cadastre.

B. Around 1970, the Defendant: (a) performed a construction work to create fish festivals in the vicinity of the instant land; (b) determined that the instant land was necessary for the relevant reservoir construction project, which could have been flooded after the embankment was completed, as a site for the relevant reservoir construction project; (c) divided the instant land into the instant land and changed its land category into “maintenance.”

C. A separate copy of the register was established on August 19, 1981 with respect to the instant land partitioned and land category changed, and on the same day, the ownership transfer registration was completed in the name of the Defendant (hereinafter “instant ownership transfer registration”) due to the sale as of February 10, 1945 by the Jeonju District Court Kim Jong-dong Office (No. 73325) pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 3094).

B (hereinafter referred to as “the deceased”) had been divided into H 5,405 square meters on the land cadastre of the instant land at H, Kim Jong-si, and died on April 2018, and the Plaintiff and the remaining Defendants jointly inherited the deceased’s property in equal shares.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2 (including virtual numbers; hereinafter the same shall apply), Eul Nos. 1 through 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s deceased acquired the instant land by prescription on August 19, 2001, after the lapse of 20 years from August 19, 1981, after he occupied and used the instant land in peace and openly for twenty (20) years with his intention to own the instant land, and thus, the Plaintiff and C, D, E, and F inherited the Deceased.

arrow