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(영문) 창원지방법원거창지원 2015.08.11 2015가단545

소유권이전등기

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated in the attached Form No. 1, 2, 3, 4, among the land size of 133 square meters in Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On March 15, 1994, the Plaintiff purchased a house of 198 square meters (hereinafter “instant land”) and a house with the cement brick, brick, sloping roof (hereinafter “instant house”) on the ground of the said land, and thereafter owned the said land and buildings until now since the completion of the registration of transfer of ownership under Article 13275 on April 22, 1994 with respect to each of the said real estate by the Changwon District Court Joint Registry of the Changwon District on April 22, 1994.

B. The Defendant purchased 13 square meters adjacent to the instant land (hereinafter “instant land 2”) and 133 square meters (hereinafter “instant 2”) on the ground, and owned the said land and 2 lots since the completion of the registration of ownership transfer concerning the instant land No. 2 and store on November 4, 2013.

C. The part of the instant land among the land No. 2 is used as the access roads and maths to the said land and the instant land from before the Plaintiff purchased the land and the instant land No. 1 to the present date.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 4 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the above facts of determination as to the cause of claim, since the Plaintiff purchased the instant land and housing, and used the portion of the instant land from April 22, 1994 after completing the registration of ownership transfer as access roads and marinas, it has been recognized that it had been occupied for not less than 20 years until now since it was commenced to occupy the said land as access roads and marinas, and the Plaintiff is presumed to have occupied the instant forest land in a peaceful and peaceful manner with the intent of its ownership. Therefore, barring any special circumstance, the Plaintiff acquired by prescription around April 22, 2014 after the lapse of 20 years from the time of possession of the said land portion.

B. Judgment on the defendant's defense (1) The plaintiff's summary of the defendant's defense is the first day of this case.