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(영문) 제주지방법원 2018.07.16 2016가단61015
소유권이전등기
Text

1. Defendant C shall be entitled to the Plaintiff, among the 1,574§³ of Jeju Special Self-Governing Province D forest land in Seopo-si, 1,574 square meters, 1, 2, 3, 4.

Reasons

1. Basic facts

A. The registration of ownership transfer was made on October 9, 1924 with respect to D forest land of 1,574 square meters (hereinafter “instant land”) in Seopopopo-si, Seopo-si, in the name of E on October 9, 1924. The registration of ownership transfer was made on October 13, 1924 for each of 1/2 shares transfer based on sale as of October 10, 1924 in F and G.

B. On December 20, 2007, with respect to F’s share, the registration of share transfer based on the sale on January 1, 1985 pursuant to Act No. 7500 on December 20, 207, and with respect to G share, on December 21, 2007, the registration of share transfer based on inheritance on April 26, 1964 was filed in accordance with Act No. 7500 on April 26, 1964.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's primary argument

A. (1) The Plaintiff’s father-H occupied the instant land by planting fast trees on the instant land around 1976, and died on April 15, 2001, and thereafter, he occupied the instant land until now.

The Plaintiff may claim the period of prescription for acquisition by possession, as it occupied the instant land for not less than 20 years, including the possession of H, which is the former occupant. However, the Plaintiff may claim that the period of prescription for acquisition by prescription has expired on January 1, 2008, when the former occupant is the same as the registered titleholder during the period of prescription for acquisition by prescription, the point at which the former occupant voluntarily commenced possession.

(2) Defendant C is the inheritor of the instant land’s 1/2 share, and thus, Defendant C is obligated to implement the registration procedure for ownership transfer on January 1, 2008 with respect to the said land on the ground of the completion of prescriptive acquisition.

(3) In light of the fact that F’s transfer of ownership as to F’s portion of the instant land 1/2 is a foreigner, F is a foreigner, and I’s transfer of ownership as to the said land at the I’s meeting, etc., it is null and void, and thereafter purchased from J, not the owner on the register of ownership transfer under Defendant B’s name.

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