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(영문) 대전지방법원서산지원 2020.09.22 2020가단1891
소유권이전등기
Text

1. As to the real estate listed in the separate sheet, the defendant Chungcheongnam-do shall complete the acquisition by prescription on November 26, 1990 against the defendant B.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 9 (including branch numbers) as to the cause of the claim, the following facts can be acknowledged: (a) on October 26, 1970, Eul purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the defendant Chungcheongnam-do; and (b) around 1973, Eul purchased the instant real estate from the above C and occupied it, and occupied it, and sold the said real estate to the plaintiff on February 25, 2019.

According to the above facts, the plaintiff, as a creditor against the defendant B, can seek implementation of the procedure for the registration of ownership transfer of the real estate of this case by subrogation of the defendant B, the debtor, the debtor, and the execution of the procedure for the registration of ownership transfer of the real estate of this case on the ground of the completion of the acquisition by prescription held against the defendant Chungcheongnam-do and the defendant B, and the defendants are obligated to comply with the above claim

Meanwhile, Defendant Chungcheongnam-do argued to the effect that the Plaintiff asked the above Defendant about whether the instant real estate could be leased or not on December 2019, and that the Plaintiff asked the Plaintiff about whether the instant claim was groundless. However, there is no circumstance to acknowledge that the Plaintiff asked the Plaintiff about whether the instant real estate could be leased or not, rather than the land D in Chungcheongnam-gun, and even if there is such circumstance as to the above assertion, it does not appear that there is a circumstance to affect the Plaintiff’s claim as to the prescriptive acquisition of the instant real estate and the sales contract.

Therefore, Defendant Chungcheongnam-do, as to the instant real estate, has the obligation to implement the procedure for ownership transfer registration due to the completion of the prescriptive acquisition on November 26, 1990, and Defendant B, respectively, to the Plaintiff on February 2, 2019.

2. Conclusion.

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