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(영문) 서울중앙지방법원 2014.04.30 2013가단92390

점유취득시효완성으로 인한 소유권이전등기

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1. The Defendant shall in the order of the Plaintiff each point of 10, 2, 9, 11, and 10 of the attached drawings among the 0.5 square meters in Yongsan-gu Seoul Metropolitan Government B.

Reasons

1. Basic facts

A. On March 20, 1964, the Defendant completed the registration of ownership transfer in his name with respect to the Yongsan-gu Seoul Metropolitan Government 16.2 square meters and B 0.5 square meters.

(hereinafter referred to as the “each of the instant lands” collectively refers to each of the above lands.

On September 2, 1987, the Plaintiff purchased from D, Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter referred to as “Plaintiff’s land”) and a single-story building on its ground (hereinafter referred to as “existing building”) and completed the registration of ownership transfer in its name on a two-day basis.

C. However, since the outer wall of the above existing building, which had been constructed on the Plaintiff’s land before the Plaintiff purchased it, was constructed on the line connecting each of the points in the separate sheet Nos. 3, 2, 10, 11, 12, 13, 14, and 15, the outer wall of the above existing building, which had been constructed on the Plaintiff’s land, was located on the line connected each of the points in the separate sheet Nos. 3, 2, 10, 11, 12, 13, 14, and 15, the Plaintiff purchased the Plaintiff’s land and the existing building with the knowledge

The Plaintiff, as seen above, occupied and used the portion 13 square meters in size as the site of the existing building, and constructed the 4-story building by using the land of the existing building as it is, among each of the instant lands, connected in sequence to the respective points of the attached drawing Nos. 3, 2, 10, 11, 12, 13, 14, 15, and 3 among each of the instant lands from the purchase of the Plaintiff’s land and the existing building, until March 2013.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1, 2, 4, 6, and 7 (including above numbers), the inquiry results on the director of the Yongsan-gu Seoul Metropolitan Government Headquarters of the Korea Cadastral Corporation, the inquiry results on the director of the Yongsan-gu Seoul Metropolitan Government Headquarters of the Korea Cadastral Corporation, the results of the inquiry, the witness F'

2. Determination

(a) In the commencement of possession by acquiring the land together with a building on (1) the completion of the acquisition by prescription, the buyer does not regard the boundary line with the adjacent land accurately;