beta
(영문) 전주지방법원군산지원 2020.01.17 2018가단56198

소유권이전등기

Text

1. The Defendant indicated in the attached Form No. 1, 16, 17, 18, 19, 20, 21, 22, 12, 13, 14, 15, among the land areas of 9,349 square meters in Ysan-si, the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 10, 1984, the Plaintiff purchased a total of 16,296 square meters of land E and 6,000,000 from D. The Plaintiff is adjacent to the land purchased by the Plaintiff (hereinafter “Plaintiff’s land”) that is part of the above land (hereinafter “Defendant’s land”) 9,349 square meters of C Forest land in Ysan-si, the Defendant owned (hereinafter “Defendant’s land”).

B. Around May 23, 1985, the Plaintiff completed new construction of a factory and its affiliated building, a guard room, and a dormitory on the Plaintiff’s land, and installed access roads connected from the entrance of the factory to the public road.

However, since construction or installation of part of guard rooms, dormitories, and access roads on the Defendant’s land, the Plaintiff continued to possess the part of 48 square meters inside the Defendant’s land (hereinafter “instant land”) which connects each point of the attached table Nos. 1, 16, 17, 18, 19, 20, 21, 22, 12, 13, 14, 15, and 1 in sequence from the time of the construction of the factory.

The Defendant alleged to the effect that the period of possession of the part of the Defendant’s access road does not exceed 20 years since the fence installed on the instant land was deemed to have not passed 20 years, but there is no dispute over the fact that the access road was installed at the time of the construction of the instant factory irrespective of the timing of the construction of the fence, and therefore, it is recognized that the Plaintiff occupied the access road part on the instant land for more

Therefore, the defendant's above assertion is not accepted.

【Ground of recognition】 The fact that there has been no dispute, each entry or video of Gap's 1 through 6 (including branch numbers; hereinafter the same shall apply) or the whole purport of pleading

2. According to the above facts of determination as to the cause of the claim, it is presumed that the Plaintiff occupied the land of this case in a peaceful and public performance from May 23, 1985 to his will to own the land of this case after the completion of construction of a new building, such as a factory, etc. (Article 197 of the Civil Act). Therefore, on May 23, 2005, when 20 years have elapsed from May 23, 1985, the land of this case.

참조조문