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(영문) 수원지방법원여주지원 2017.09.12 2017가단51568
소유권이전등기
Text

1. The Defendant completed the period of prescription for acquisition by possession on October 25, 2014 with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

Facts of recognition

The Korea Agricultural and Rural Community Corporation established on January 1, 200 succeeded to the rights and obligations of the Korea Agricultural and Rural Community Corporation established on January 1, 200, and the above Korea Agricultural and Rural Community Corporation changed its name to the Plaintiff through the Korea Agricultural and Rural Community Corporation.

From 1966 to 1968, the Gyeyang Land Improvement Cooperatives built B reservoir in one of the instant land, and purchased D 420 square meters (1,388 square meters) from Nonparty C and one other in the process.

The above D land was later divided into each real estate listed in the attached list (hereinafter referred to as "the land of this case").

The defendant completed the registration of ownership transfer on October 25, 1994 with respect to the land of this case on October 25, 1994.

The land of this case is currently located below or below the surface of the water of the B reservoir.

(Reasons for Recognition) Facts without dispute, entries in Gap evidence 1 through 3, and 5 (including each number), the purport of the whole pleadings.

The plaintiff asserted that the plaintiff purchased the land of this case at the time of construction of the B reservoir, and has occupied it independently until now.

As to the instant land, the prescription period for acquisition by possession was completed on October 25, 2014 after the lapse of 20 years from October 25, 1994, which was filed for the registration of ownership transfer in the name of the Defendant, and the Defendant should implement the procedure for the registration of ownership transfer to the Plaintiff.

Since the Plaintiff occupied the instant land without any compensation, it cannot be deemed that the Plaintiff occupied the said land in a peaceful manner with the intent to own it.

In addition, the Plaintiff’s assertion of prescription by possession without compensating the Defendant violates the principle of trust and good faith, since the Plaintiff holds 100% of shares in Korea and protects the property rights of the people.

Judgment

In accordance with Article 197(1) of the Civil Act, the Plaintiff’s acquisition by prescription shall be held frequently.

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