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(영문) 대구지방법원 2015.04.28 2014가단124828

소유권이전등기

Text

1. The Defendant, among the land size of 14 square meters in Daegu Jung-gu, Daegu Jung-gu, has the respective points indicated in the attached Form 2, 3, 4, 5, 6, 7, and 2 in sequence.

Reasons

1. Basic facts

A. On July 30, 1965, the Plaintiff purchased from Nonparty D, and completed the registration of ownership transfer on August 20, 1965, the Plaintiff completed the registration of ownership transfer, and thereafter, occupied and used the instant land 1, the instant building, the instant building, and its site from August 20, 1965, 2 Dong-gu building (a 1, 1, 6, 6, 5, 6, 5, 1, 16, 1, 16, 16, 16, 5, 16, 16, 16, 1, 38, 38, 1, 38, 1, 1, 1, 1, 1, and 1, 1, 1,000 square meters.

B. The instant housing is located on the land No. 1 of this case and on the land No. 2 of Daegu-gu, Daegu-gu (hereinafter “the land No. 2 of this case”) owned by the Defendant, and is mainly located on the land No. 1 of this case, and is also located on part of the land No. 2 of this case as seen in the attached drawing.

(Attachment 2, 3, 4, 5, 6, 7, and 2 each of the items in the attached Form 2, 3, 4, 5, 6, 7 and 2 shall be connected in sequence, hereinafter referred to as "the part of the instant land") / [the grounds for recognition] without dispute, each of the items in Gap evidence 1 through 5 (which include each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of claim, the plaintiff purchased the land of this case and the building of this case and acquired the registration of ownership transfer from August 20, 1965, and occupied the part of the land of this case, which is the site of this case, from August 20, 1965, and such possession of the plaintiff is presumed to have been carried out in peace with the intention of ownership. Thus, it shall be deemed that the land of this case was acquired by prescription on August 20, 1985 after 20 years from August 20, 1965.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on August 20, 1985 with respect to the part of the instant land to the Plaintiff.

3. The land of this case purchased by the Plaintiff as to the Defendant’s assertion is 159 square meters, and the land of this case is contrary thereto.