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(영문) 서울북부지방법원 2016.11.22 2015가단121185

소유권확인

Text

1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's claim against the defendant A is dismissed.

3...

Reasons

1. Basic facts

A. According to the Gu Forest Register (Recovery of registered matters on October 28, 1980), Defendant A is deemed to have received the assessment of the Seongbuk-gu Seoul Land on January 6, 1919 (former 8 years). From the above land C, on October 21, 1923 (former 12 years), the said land was divided into 331 square meters (hereinafter “instant real estate”), and the said land C was converted into 218 square meters (hereinafter “the instant land”).

B. Although the name of the owner is indicated as “A” in the ownership column of the old forestry book concerning the above land C, the registration of ownership preservation on the instant real estate has not been completed up to now since the address has been vacant.

C. E purchased the instant purchased land on October 23, 1975, and completed the registration of ownership transfer on October 27, 1976, and newly constructed the brick slves roof two-story housing (hereinafter “instant building”) on the above ground, and completed the registration of ownership preservation on February 16, 1989.

On May 24, 2008, the Plaintiff purchased the instant purchased land and its building from E, and completed the registration of ownership transfer on July 14, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. From February 16, 1989, the registration of preservation of ownership of the building of this case was completed, E had a fenced on the part (B) part of 54 square meters in the ship (hereinafter “the part of the site of this case”) connected with each of the items in sequence of No. 1, 12, 13, 14, 15, 16, 17, 11, and 11 among the real estate of this case from February 16, 1989, and occupied the land of this case and the building of this case purchased from E on May 24, 2008, and occupied them. Ultimately, E continued to occupy and perform the part of the site of this case from February 16, 1989, which is the registration date of preservation of ownership of the building of this case, as the Plaintiff succeeded to the possession of E.