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(영문) 대구지방법원 포항지원 2018.11.08 2018가합10888
소유권이전등기
Text

1. The defendant is based on the completion of the acquisition by prescription on March 2, 1998 with respect to the land size of 1,036 square meters in Northern-gu, Northern-gu.

Reasons

1. Facts of recognition;

A. E, the south of D (Death of August 13, 1964) died on April 4, 1958, and under the slur, F (Death of January 3, 1949), G, H, etc.

B. On December 28, 1964, the registration of ownership transfer was completed on March 29, 194, with respect to the area of 2,258 square meters, which was the land prior to the division.

Since August 4, 1989, the above land was divided into 1,222 square meters and 1,036 square meters and 1,036 square meters and 1,036 square meters (hereinafter “instant land”).

(However, the land cadastre of this case is written as divided on March 2, 1978).

H completed the registration of ownership transfer on August 4, 1989 with respect to the land of this case due to inheritance on April 4, 1958, and the defendant completed the registration of ownership transfer on January 16, 1997 with respect to the land of this case due to consultation and division inheritance on July 21, 1996.

On the other hand, the instant land was incorporated into the site of the J Corporation, and its land category was changed to the road on March 2, 1978, and was used as a road around that time, and has been used as a site of the K National Highway until now.

E. The Defendant asserted against the Plaintiff that “the Plaintiff was obligated to return the amount equivalent to the rent from September 6, 201 to the date when the Plaintiff occupied and used the instant land as a road and suffered damages equivalent to the same amount to the Defendant.” The Plaintiff filed a lawsuit to return the amount equivalent to the rent from September 6, 201 to the date when the Plaintiff’s possession was terminated or the date when the Defendant lost his/her ownership was lost.” The Defendant filed a lawsuit to return unjust enrichment with the court 2016da104

In the above case, the Plaintiff asserted that “the Plaintiff occupied the land of this case in peace and public performance for not less than 20 years from March 2, 1978 (the time of the closing of argument in the above case) as the intention to own the land, and thus, the acquisition by prescription for possession of the Plaintiff’s land of this case was completed.” The above court asserted that “The land of this case was 20 years or more from March 2, 1978 to the time of the closing of argument

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