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(영문) 창원지방법원 밀양지원 2018.06.20 2017가단11973
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. On May 17, 1976, the Plaintiff’s father, who is the Plaintiff’s father, purchased four forest land in this case and land adjacent thereto (hereinafter “instant neighboring land”) from four persons, including D, etc., and commenced possession with the intention of possession.

The net C sold to F on January 4, 198 the remainder excluding the part of the forest of this case among the forest of this case (hereinafter “the remainder of the forest of this case”), but F completed the registration of ownership transfer concerning the whole forest of this case. Since the ownership of the forest of this case was transferred before transfer, the Defendant acquired the ownership of the forest of this case on June 9, 201.

The deceased C died on April 14, 1995, and on April 18, 1995, the agreement was made on the division of the inherited property. However, the Plaintiff considered that the instant adjacent land was inherited, and the Plaintiff considered that the instant adjacent land was included in part of the forest land.

Therefore, the Plaintiff may be deemed to have commenced the possession of part of the forest of this case with the intention of ownership from April 18, 1995, where the agreement on division of inherited property was reached, and the acquisition by prescription of possession was completed on April 18, 2015 with respect to the part of the forest of this case on April 18, 2015.

Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on part of the forest of this case to the Plaintiff on the ground of completion of prescriptive acquisition.

B. Even if the acquisition by prescription for real estate has been completed, the possessor may not assert the completion of prescription on the ground that the claimant for the acquisition by prescription voluntarily selected the starting point of the starting point of the acquisition by prescription or occupied for 20 years retroactively or retroactively, in calculating the period of acquisition by prescription (see, e.g., Supreme Court Decision 97Da45402, Jul. 10, 1998).

. The court.

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