토지인도
1. The defendant has each point in the attached Form 13, 14, 15, 9, 10, 11, 12, and 13 among the land size of 278 square meters in Jeju-si, Jeju-si.
If the reasoning of the judgment as to the cause of the claim is added to the statement Nos. 1 and 2 (including each number), and the purport of the entire pleadings as a result of the commission of surveying and appraisal to the Korea Land Information Corporation, the Plaintiff completed the registration of transfer of ownership with respect to land Cand 278 square meters in Jeju-si, Jeju-si, on December 23, 2004 (hereinafter “the Plaintiff’s land”); the Defendant completed the registration of transfer of ownership with respect to land D & 463 square meters in Jeju-si, Jeju-si, the neighboring land of the Plaintiff on July 18, 2013 (hereinafter “Defendant’s land”); on November 2, 2016, each of the above above ground buildings E-dong, and completed the registration of preservation of ownership with respect to the above ground building F-dong (hereinafter “Defendant’s building”); on February 20, 2018, the Defendant’s building was installed in order to connect the land to each of the Plaintiff’s land (hereinafter “Defendant’s wall”).
According to the above facts, the defendant is obligated to remove the fence on the ground of 12 square meters on the part of the plaintiff's land, which is the owner of the land, and deliver part (B) land to the plaintiff who is the owner of the land.
2. On July 18, 2013, the Defendant asserted that the Defendant could not respond to the Plaintiff’s claim on the ground that the Defendant occupied the portion of the Plaintiff’s land for at least 20 years from March 20, 1967, and the prescriptive acquisition on March 20, 1987 was completed and the Defendant succeeded to it.
Even if the acquisition by prescription of possession of real estate has been completed, if the registration of ownership transfer has been completed to a third party with respect to such real estate without registration, the possessor shall not oppose such third party (see, e.g., Supreme Court Decision 97Da45402, Jul. 10, 1998). In such cases, even if the original possessor continues to possess it, and the time when the owner has changed, the starting point of the change.