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(영문) 춘천지방법원 2018.05.15 2017가단4778
소유권이전등기
Text

1. The Defendant confirms that the area of 4,254 square meters prior to the Hongcheon-gun of Gangseo is owned by the Plaintiff.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Plaintiff, on June 5, 1989, purchased a forest of 10,711 square meters and D forest of 10,422 square meters and completed the registration of ownership transfer in the future of the Plaintiff.

C The forest land was divided into 10,711 square meters on January 16, 2012 into 1,910 square meters for C forest land and 8,801 square meters for E forest land.

On the same day, E forest land is 8,801 square meters and D forest land is 10,422 square meters, each of which is 8,558 square meters and 10,694 square meters prior to G, respectively.

Since F, the area of 8,55 square meters prior to F was divided into 8,431 square meters prior to F on January 9, 2014, and 105 square meters prior to H, and 22 square meters prior to I.

On June 3, 2014, the area was increased to 8,992 square meters due to the boundary correction on June 3, 2014.

Since then, on August 29, 2017, J land reduced its size to 3,800 square meters due to the revision of boundary, and in the process, a new land cadastre was created with respect to 4,254 square meters (hereinafter “instant land”) prior to Hongcheon-gun, Hongcheon-gun, Gangwon-do, for the reason of the failure to recover from the owner.

Land of this case was included in C and D forest land before the partition and registration conversion, and the location of G and F land after the partition and registration conversion are indicated in the annexed drawing.

(F) The Plaintiff purchased C and D forest land before partition and registration conversion and cultivated crops until now. The Plaintiff occupied the instant land while cultivating crops.

At present, registration of preservation of ownership of the instant land was not completed.

[Reasons for Recognition] Unsatisfy, Gap 1 to 9 (including virtual numbers), the purport of the whole pleadings

2. From June 5, 1989, the Plaintiff continued possession of the instant land until the date, and the said possession is presumed to have been peaceful and openly held as its owner’s intent (Article 197(1) of the Civil Act). As such, the Plaintiff acquired the right to claim registration of ownership transfer on June 5, 2009, which was 20 years from June 5, 1989, from June 5, 1989, for the acquisition by prescription for the instant land.

There is no registered titleholder of land cadastre regarding the instant land, and this case.

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