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(영문) 대전지방법원서산지원 2016.08.10 2015가단2579

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s mother, the Plaintiff’s mother, owned from August 30, 1976, G G 133 square meters (hereinafter “Plaintiff-owned land”). The Plaintiff’s mother, on January 11, 2012, completed the registration of ownership transfer based on trading in the Plaintiff’s future.

The Plaintiff owned 100 square meters prior to H, a neighboring land, at the auction on December 11, 1984.

B. E large 39 square meters adjacent to the Plaintiff’s land (hereinafter “instant land”) purchased the instant land at the voluntary auction procedure on February 22, 2002, and the Defendants purchased 1/3 equity shares on March 27, 2009 and shared it. The J purchased it on May 14, 2015 and completed the registration of ownership transfer.

The land in this case is the land in the shape of "b", located between the land owned by the plaintiff and the K road.

C. At present, the Plaintiff’s land and the boundary of the instant land are installed with steel fences, and building materials are stored on the instant land.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2, result of on-site inspection by this court, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff F had long owned a house unregistered on the Plaintiff’s land. On November 1, 1989, the Plaintiff married with F and her husband, while residing in the said house with F and her husband, and occupied the instant land in peace and openly and openly with intent to own it as the closing party and passage route of the said house. As such, the prescriptive acquisition of the instant land on November 11, 2009, which was 20 years thereafter, was completed.

B. The Defendant (which was divided into the instant land and L, M, etc.) had originally owned and operated an O factory in around 1972, and had suspended the operation of the factory in around 1996, but continued to use the instant land as a factory site by loading raw materials, etc. even after the fact.

The building of a fire-fighting road at the Seosan-si in 2014.