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(영문) 서울중앙지방법원 2014.11.12 2014가단43586
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's cause of the claim asserts that the plaintiff is liable to implement the registration procedure for transfer of ownership on the ground of the completion of the acquisition by prescription on September 20, 1978 as to each of the real estate of this case, since the plaintiff succeeded to the plaintiff's own real estate of this case after the plaintiff was buried on September 20, 1958 and possessed as farmland and it was created and possessed as farmland by reclamation around September 20, 1958.

2. We examine the judgment, and Article 12 of the former Public Waters Reclamation Act (amended by Act No. 986, Jan. 20, 1962; Act No. 986, “the Act”) which was enforced at the time of the reclamation of the Plaintiff’s claimed public waters provides that “When a reclamation licensee completes the construction work for reclamation, an application for authorization of completion shall be filed with the competent department and the competent authority without delay.” The main text of Article 14(1) provides that “the reclamation licensee shall acquire the ownership of the reclaimed land on the date when the completion is authorized under Article 12.” Thus, until a reclamation permit is issued and a completion authorization is issued, the ownership of the reclaimed land shall not be acquired until the ownership of the public waters is issued and the authorization of completion is issued and the public water nature of the public waters shall be succeeded to as administrative property under the State Property Act, and thus, the subject of prescriptive acquisition shall not be miscellaneous property unless public use is otherwise abolished

I would like to say.

However, according to the fact-finding results with respect to Gap evidence Nos. 1, 2, and 10 (including paper numbers) and the Director of the National Archives of this Court, on February 5, 1962, the deceased B obtained a reclamation license for public waters from the Gyeonggi-do Governor on March 4, 1963, where the purpose of reclamation area C, the reclamation license area of 3,252 square meters, the preparation of answers to the purpose of reclamation, and the designation completion period of March 4, 1963.

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