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(영문) 대전지방법원홍성지원 2014.10.21 2014가단2815
소유권이전등기
Text

1. The Defendant points out each of the annexed drawings 1, 8, 24, and 1 among the land size of 777 square meters in Chungcheongnam-gun budget C Forest land in Chungcheongnam-gun.

Reasons

1. Basic facts

A. On May 20, 197, the Defendant completed the registration of ownership transfer on the ground of sale with respect to D forest 5950 square meters in Chungcheongnam-gun, Chungcheongnam-do. On April 22, 1998, the above forest was divided into 3317 square meters in D forest land, 317 square meters in E forest land, 310 square meters in F forest land, and 1241 square meters in each on the same day after it was registered with 5645 square meters in Chungcheongnam-nam budget-gun, Chungcheongnam-do, and became the Defendant’s land (hereinafter “Defendant’s land”).

B. On May 27, 1983, the Plaintiff, G, and H completed registration of initial ownership relating to one-third of each of 1/3 shares of 27,471 square meters of I forest land in Chungcheongnam-gun adjacent to the Defendant’s land (hereinafter “Plaintiff’s land”). The Plaintiff and its family have used and managed the Plaintiff’s land.

C. The Plaintiff’s land and the Defendant’s land are abutting on the boundary, and the Defendant, from the boundary of the Defendant’s land, fell within approximately six meters in the direction of the Defendant’s land, on a protruding distance.

The part of the land from the boundary of the Defendant’s land to the bank trees is 48 square meters in the ship that connects each point of 1, 8 through 24, and 1 of the annexed drawing table 2, 3, 4, 27, 26, 25, 22, 23, 24, and 2 of the same drawing table 2, 3, 4, 27, 27, 26, 25, 22, 23, 24, and 2 of the same drawing table, among the Defendant’s land. The land in this case is a forest and forest, and there are many trees and cerebral Js.

[Ground of recognition] In the absence of dispute, entry and video of Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply)

2. The assertion and judgment

A. According to the purport of Gap evidence Nos. 8, 9, 10, and Eul evidence Nos. 4 and the whole pleadings, whether the plaintiff occupied the land of this case for 20 years, the plaintiff was before May 27, 1983, the registration of preservation of ownership of the plaintiff's land was completed.

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