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(영문) 제주지방법원 2019.06.24 2019가단51095
소유권이전등기
Text

1. The defendant is based on the completion of the prescriptive acquisition on June 7, 2005 with respect to the land size of 556 square meters prior to C in Jeju-si.

Reasons

1. On February 1, 2019, the previous 8,562 square meters (hereinafter “land before subdivision”) was divided into three parcels with D 7,841 square meters as of February 1, 2019, the land indicated in the order (556 square meters) and three parcels with three lots with the previous 165 square meters, both E and 165 square meters.

The registration of ownership preservation was completed in the name of F on August 26, 1981, and the registration of ownership transfer was completed in the name of G on June 17, 1994 due to the “sale on October 19, 1982.” On March 7, 2011, the registration of ownership transfer was completed in the name of the Defendant on September 21, 200.

On the other hand, from July 15, 1943, the registration of ownership transfer was completed in the name of I (F) with respect to the land located in the Seo-si, Jeju Island prior to the subdivision (hereinafter “H land”). From that time, I, J (I’s son and son, and K (I’s son) cultivated crops by occupying the part of the land located in the present order of the land located in the H land before the subdivision (which was divided into a stone fence and divided into the remainder of the land before subdivision) from July 15, 1943.

In around 1985, the Plaintiff purchased the part of the land indicated in the present order from K among the land before dividing H land and the land before dividing, and completed the registration of ownership transfer under the Plaintiff’s name on June 7, 1985. From that time, the Plaintiff cultivated agricultural products while occupying the land indicated in H land and order until now.

[Ground for recognition] Each entry or video of Gap evidence Nos. 1 through 24 (including each number), and the purport of the whole pleading

2. Determination

A. According to the facts of recognition, the Plaintiff occupied land in peace and public performance with its intent to own it for twenty (20) years from June 7, 1985 and completed the prescriptive acquisition on June 7, 2005.

Therefore, barring special circumstances, the defendant is obligated to implement the registration procedure for transfer of ownership on the land stated in the order to the plaintiff for the completion of the acquisition by prescription.

B. As to this, the defendant entered in the order around June 1985 that the plaintiff acquired possession.

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