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(영문) 창원지방법원밀양지원 2017.08.30 2016가단12887
소유권이전등기
Text

1. The defendant is due to the completion of acquisition by prescription on December 31, 2009 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. On November 25, 1966, B entered into a contract with the Defendant for the purchase amount of KRW 30,300 with C, C, 184 and D, 67 (hereinafter collectively referred to as “the land before the instant subdivision”), and received the payment of the said purchase price and the documents necessary for the registration of transfer of ownership on each of the above lands from the Defendant (hereinafter referred to as “instant transfer of ownership”).

B. The Plaintiff’s father E purchased the answer from B around 1977 to F in the fast-up period of B’s ownership, and the entire purchase and sale land in G was also included in the said purchase object.

C. E, as referred to in the preceding paragraph, occupied the land before the instant subdivision from the time of purchasing the land from B, and transferred possession of the said land to the Plaintiff at immediately preceding around 190.

On the other hand, on April 14, 1994, the Defendant completed the registration of initial ownership relating to the instant land before the partition, and on January 17, 2007, the Defendant divided C, 429 square meters and H, 608 square meters (184 square meters) into D, 162 square meters and 179 square meters, and D, 221 square meters (67 square meters), into D, 162 square meters and 59 square meters (hereinafter “the instant land after the instant partition”), and changed the land category of H, 179 square meters and 59 square meters into a bank.

E. The Plaintiff still occupies the land after the instant partition.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 7 (including branch numbers, if any) , the testimony of the witness J, and the purport of whole pleadings

2. Determination

A. In light of the purport of the relevant Acts and subordinate statutes, including the River Act, whether the land is subject to prescriptive acquisition after the division of this case, even if the river has the character as a public object due to natural conditions, it shall be deemed as administrative property necessary for the State to carry out the purpose and function of the public nature only when administrative action or designation in accordance with laws and regulations regarding the specific section and the crossing area is conducted. This shall apply mutatis mutandis to these provisions.

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