소유권말소등기
1. The Defendant is based on the completion of the prescriptive acquisition on August 16, 2016, with respect to the Plaintiff, Hongsung-gun, Hongsung-gun, 468 square meters.
1. Facts of recognition;
A. On April 10, 195, from the land of Chungcheongnam-gun, Hongsung-gun, Japan (hereinafter “Dri”), a part of B B large scale 149 square meters was divided on March 3, 1982, and it became B large scale 493 square meters (hereinafter “instant land”). The land indicated in paragraph (1) of this Article was part of B large scale 468 square meters (hereinafter “instant land”).
B. On June 18, 1971, the Defendant completed the registration of ownership transfer on the ground of reversion of rights to the instant land.
C. F, the husband of the Plaintiff, newly constructed cement brick structure 1st floor detached house 56 square meters on the instant land (hereinafter “instant housing”). Around May 1971, F, the Plaintiff’s husband, had obtained approval for use, and the registration of ownership preservation was completed on December 13, 1973 at the request of Hongsung-gun subrogation with respect to the instant housing.
F had resided in the instant house from around 1971, which newly built the instant house, and occupied the instant land, which is the site of the instant house, and died on October 14, 1991.
E. F along with F, the Plaintiff, who had resided in the instant housing, continued to reside in the instant housing even after F’s death, had occupied the instant land until now. On January 9, 2003, the registration of ownership transfer was completed on October 14, 1991 due to inheritance by consultation and division.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, each entry of evidence of 13 to 15, witness G testimony, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Plaintiff succeeded to the possession from F, who occupied the instant land from around 1971 to the present date, and possessed the instant land as the site of the instant house. Since F and the Plaintiff’s possession are presumed to be possession with the intention to own it autonomously, the acquisition by prescription on August 16, 2016, which was sought by F, was completed after the Plaintiff commenced possession of the instant land after the lapse of 20 years from August 16, 1996.
Therefore, the defendant is under special circumstances.