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(영문) 수원지방법원안산지원 2019.02.15 2018가단55015
소유권이전등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The old forest register concerning the instant forest, which is unregistered land, was restored on September 1, 1966, and the owner column stated “F”.

B. Meanwhile, Plaintiff B, C, D, E (the former name is H), and the network I are children between the deceased J and the network K, while Plaintiff A is the wife of the network I.

[Reasons for Recognition] The plaintiffs' assertion of facts without dispute, Gap's 1 to 13 evidence (including branch numbers, if any) and the purport of the whole pleadings

A. From October 23, 198, the Plaintiffs jointly occupied and used the instant forest from October 23, 198. As such, the Plaintiffs’ prescriptive prescription as to the instant forest was completed on October 23, 2008 at the expiration of 20 years thereafter.

Therefore, Defendant F, the owner of the instant forest, is obligated to implement the registration procedure for ownership transfer on October 23, 2008 with respect to the portion of 1/5 of each of the instant forest land to the Plaintiffs on October 23, 2008.

B. If the restoration to Defendant F is null and void in the owner column of the old forest register, the forest of this case is owned by the State as the owner of the forest of this case without the owner, and the Defendant Republic of Korea, the owner, is obliged to implement the procedure for the transfer registration of ownership on October 23, 2008 for shares of 1/5 out of each of the forest of this case to the Plaintiffs.

Judgment

In order to acquire the ownership of land through the completion of the prescriptive acquisition under Article 245(1) of the Civil Code, it is necessary to make a claim for ownership transfer registration against the owner at the time of the completion of prescription.

Even if the period of acquisition by prescription is completed, it does not take effect immediately, but it is merely that the right to request registration for the acquisition of ownership takes effect on that ground, and it is considered that the possessor acquires the ownership even without registration only with the completion of the period of acquisition by prescription.

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