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(영문) 제주지방법원 2015.08.19 2015나380

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On or after October 30, 1930, the defendant on or after May 23, 1987, on April 28, 197, as the temporary owner of the foundation DD on March 28, 1979, F on May 19, 1989; G on February 24, 1989; H H on January 13, 1995; J on or after November 13, 1900

A. On October 30, 1930, the network D acquired the ownership of C & 1739 square meters (hereinafter “the entire land of this case”) in Jeju-si, Jeju-si, and on March 28, 1974, E solely inherited the above land. The details of the transfer of ownership of the entire land of this case up to now are as follows.

B. As above, the Defendant, from around 1967, before owning the entire land of this case, newly constructed a house on the entire land of this case and has resided until now.

C. The Plaintiff had occupied 42.97 square meters on the instant land, which is a part of the entire land of the instant case, and continuously built 3 warehouses and occupied the instant land by continuously constructing 3 warehouses. The building ledger is written on around 1965 (No monthly entry).

On the other hand, on October 20, 1968, the Plaintiff had his domicile in Jeju City, and on December 11, 1984, there was no change in his domicile since he moved to the entire land location of this case, and the Defendant also had his domicile in Jeju City on October 20, 1968, but there was no change in his domicile since he moved to the entire land location of this case on May 19, 1980.

[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1, 2 and 4, appraiser K's appraisal result, the whole pleadings

2. The parties' assertion;

A. The plaintiff asserted that the plaintiff purchased the land of this case 2.40,00 won from the person who was named as the owner of the land of this case, and constructed a wooden house on the ground of this case, and built an accessory building, such as a warehouse, around the surrounding areas, and occupied the land of this case in a peaceful and public performance manner with the intention to own the land of this case until now. Thus, the acquisition by prescription around 1985 after the lapse of 20 years.