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(영문) 대구지방법원경주지원 2019.01.23 2017가단11233
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Grounds for the plaintiff's claim

A. ① 1 162 m2 and 2 m2 in JJ-dong (hereinafter referred to as “I-dong”) and 3 m2 in the forest and field H 793m2 used as a marina, dry field, gate, gate, etc. of the relevant housing, the attached reference was originally owned by K (hereinafter referred to as “instant land”).

However, in the public record, J land was owned by the racing-si, and H land was respectively registered as land under the circumstances of L et al. and six others in 1917.

B. Around 1976, the Plaintiff’s father M purchased the entire real estate from K, which was a de facto owner of the said real estate, and at the same time donated it to the Plaintiff, who was ASEAN.

C. From around that time, the Plaintiff resided in the above housing (B) and occupied the land in the dispute of this case (III) with his intention to hold it openly.

However, upon the enforcement of the Act on Special Measures for the Registration, etc. of Real Estate Ownership in around 1981, the deceased B (the “Defendant”) completed the registration of preservation of ownership in the name of the Defendant with respect to the entire H land including the part of the land in dispute (III) owned by the Plaintiff in the course of registering the part (not less than 480 square meters) of H 793 square meters of forest land (the unregistered condition at that time) owned by the Defendant.

E. However, since 1976, the Plaintiff acquired the ownership of the instant land in the dispute and occupied it with the intention of ownership ownership. At the latest, it is deemed that the Defendant acquired by prescription the instant dispute land on December 31, 2001 after the lapse of 20 years from December 31, 1981, which was the last day of 1981, when the registration of ownership preservation with respect to H land was completed.

F. Accordingly, the Defendant’s heir, is liable for the Plaintiff to perform the registration procedure for transfer of ownership based on the completion of the acquisition by prescription on each of the legal shares out of the land in dispute in this case.

2. The following circumstances, which may be known by evidence of the market, shall be considered:

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