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(영문) 광주지방법원순천지원 2019.02.12 2018가단70643
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Claims and judgments as to the cause of the claim

A. On November 6, 1967, the Defendant alleged that the instant real estate was sold to the deceased C, and C sold the instant real estate to the deceased Nonparty D again, and the deceased Nonparty’s name was again sold to Nonparty D.

The Plaintiff purchased the instant real estate as D on January 10, 1990 and possessed it for 20 years up to the present day by cultivating the vegetables, etc. on the instant real estate. As such, the Defendant is obligated to implement the procedure for ownership transfer registration on January 9, 2010 for the instant real estate.

B. A person who asserts the acquisition by prescription is obliged to prove his/her possession (see, e.g., Supreme Court Decision 96Da11334, Sept. 24, 1996); and the Plaintiff alleged that he/she occupied the instant real estate while cultivating it from January 10, 1990 to the present date. However, the evidence submitted by the Plaintiff and the witness D’s testimony alone are insufficient to recognize the said possession, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the description of No. 1 and the purport of the pleading in the witness D’s testimony, the Defendant concluded a State-owned or public property loan agreement with Nonparty E on the ground of farming from June 30, 2001 to December 31, 2015, and leased the instant real estate to Nonparty E, and D sold the instant real estate to the Plaintiff two years prior to the purchase of the instant real estate, and only the fact that the Plaintiff did not cultivate the instant real estate on one occasion is recognized.

2. The plaintiff's claim is dismissed as it is without merit.

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