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(영문) 부산지방법원 2020.03.17 2018가단333445

소유권이전등기

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant completed the registration of ownership transfer on May 7, 1982 with respect to the AK-dong (hereinafter “AK-dong”) AL-2,145 square meters and AM-type 165 square meters due to inheritance.

Since then, each of the above lands was divided into AM large 647 square meters, NN large 1,519 square meters, and C large 82 square meters.

The Plaintiff completed the registration of ownership transfer to AO on April 12, 1983 and April 13, 1983 with respect to AM 647 square meters and NN 1,519 square meters due to trade, and AO completed the registration of ownership transfer to AP on the same AM 647 square meters.

B. AO newly constructed A Q apartment AR 25 households on the ground of 1,519 square meters in NN, and sold all of them after completing registration of ownership preservation on May 11, 1984. AP newly constructed ten households on the ground of AM large 647 square meters and completed registration of ownership preservation on February 27, 1984, and sold all of them.

C. Meanwhile, on May 8, 1991, the land category was changed to a road on the other hand, for C large-scale 82 square meters.

(hereinafter referred to as “instant road”), 82 square meters of a road (hereinafter referred to as “instant road”), / [based on recognition] without dispute, entry in Gap’s Evidence Nos. 1-1 through 1-4, 2-1, 4-1, 4-2, 6-1 through 9-8, and the purport of the entire pleadings.

2. Determination

A. (1) Since June 5, 1986 on which the right to a site was established, 25 persons, such as AT, who purchased buildings under each sectional ownership related to A Q apartment AR Dong, occupy and use the road of this case as access roads with the intention of ownership from June 5, 1986 on which the right to a site was established, and succeed to the above right to a sectional ownership while transferring the ownership of the sectional ownership, and they also occupy and perform as an indirect possession through a lessee, and use it as an access road. The period of prescription of possession acquired on June 5, 2006, which was 20 years from June 5, 1986, was completed.

Therefore, as of June 5, 2006, A Q apartment AU No. D (hereinafter referred to as the "Appointed") with the sectional owner at the time of 5 June 2006, AV AW, AX J, AYJ, AY AZ, BB and BC, BD J, BE subparagraph BF, BG.