소유권이전등기
1. The Plaintiff (Counterclaim Defendant) is entitled to indicate the attached drawings No. 1, 2, 3, and 4.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On November 5, 1998, the Plaintiff purchased 423 square meters from D, Jeonsung-gun, Jeonnam-gun (hereinafter “the Plaintiff’s land”) and completed the registration of ownership transfer on November 13, 1998 with respect to the Plaintiff’s land.
B. On June 30, 2008, the Defendant completed the registration of transfer of ownership by inheritance from F with respect to the area of 474 square meters (hereinafter “instant Defendant’s land”) adjacent to the Plaintiff’s land in Jeonsung-gun, Jeonsung-gun (Seoul).
C. Among the Defendant’s land, a fence (hereinafter “instant fence”) is installed on the line connected each point of 8, 3, 4, 5, 6, 7, 7, and 8, among the separate drawings, on the line connected to the Plaintiff’s land. From November 5, 1998, the Plaintiff occupied the part (b) of the Defendant’s land, which connects each point of 112 meters on the part (a) of the instant land, which connects each point of 1,2, 3, 3, 4, 5, 5, 5, 7, 7, and 8, among the instant land adjacent to the Plaintiff’s land, from November 5, 1998.
[Reasons for Recognition] Class A, Nos. 1, 4, 5, 6, 8, 9 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 6, and the purport of the whole pleadings
2. According to the facts found in the judgment on the counterclaim claim, the plaintiff is obligated to collect trees planted on the ground of the occupied part of this case from the defendant and deliver the occupied part of this case to the defendant, except in extenuating circumstances.
3. Judgment on the claim of the principal lawsuit and on the defense for prescription acquisition
A. On November 5, 1998, the Plaintiff asserted possession of the Plaintiff’s land and the part of the instant possession for 20 years as the intention of possession. Since the Plaintiff acquired by prescription the part of the instant possession, the Defendant’s counterclaim claim is without merit, and the Defendant should implement the registration procedure for ownership transfer on November 5, 2018 for the part of the instant possession.