logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2016.05.25 2014가단37518
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 2, 194, the elderly group of claims decided to build D with 9 neighboring land, including this case’s land, as a site for the creation of a reed, in order to ensure the repair safety of a reeded rice field in the same military CJ as the same military C, and completed on December 31, 1945, starting on June 14, 194.

Since then, the elderly farmland improvement association, which is the overall transfer of the plaintiff, comprehensively succeeded to the rights and obligations of the land of this case from the elderly group, and even until now, the plaintiff occupies the land of this case in a peaceful manner with the intention of ownership over

Therefore, as to the land of this case, the acquisition by prescription for the land of this case was completed on July 3, 1990 after the lapse of 20 years from July 3, 1970, when the ownership transfer registration was completed, the defendant is obligated to implement the procedure for ownership transfer registration for this reason to the plaintiff.

2. The possessor who completed the prescriptive acquisition does not naturally acquire ownership, but has the right to claim the ownership transfer registration against the owner at the time of the completion of the statute of limitations. If the ownership transfer registration has been completed in the third party before the completion of the statute of limitations, the possessor is unable to perform his/her duty to claim the ownership transfer registration for the prescriptive acquisitor unless it is void automatically due to the reason that the third party actively takes part in the illegal act of the nominal owner, and the prescriptive acquisitor cannot claim the completion of the statute of limitations

With respect to the instant case, the health care unit, and the Defendant’s spouse, on November 8, 2007, completed the registration of ownership transfer based on donation on July 3, 1970, and the Defendant’s death on June 8, 2013 due to inheritance by agreement and division as of June 8, 2013.

9.12. The fact that the registration of ownership transfer with respect to the instant land was completed on December 12, 201, and the fact that F, the Defendant’s children thereafter, completed the registration of ownership transfer with respect to the instant land on December 17, 2014 due to the gift made by December 15, 2014, is either disputing among the parties, or Party B

arrow