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(영문) 서울서부지방법원 2016.06.16 2015가단28237

소유권이전등기

Text

1. The defendant has each point of the attached Form No. 17, 5, 13, 15, 16, and 17 among the land size B 225 square meters of Yongsan-gu Seoul Metropolitan Government road.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of Gap evidence Nos. 1 through 7, 16, and 17 (including paper numbers) and the whole purport of the pleadings as a result of the request for surveying and appraisal to the appraiser C by this court.

D as the owner of the building 48 square meters on the land of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “instant site”) owned by Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”), on November 9, 1976, the said site was purchased from Seoul Metropolitan Government for KRW 4.90,000,000 and paid in full, and has been occupied and used as the site of the instant building.

B. After that, on August 16, 1991, the ownership of the site of this case was transferred to the defendant in Seoul Special Metropolitan City, and D on July 21, 1998, the deceased died, and the plaintiff and G, who are the wife of the deceased, filed a lawsuit against the defendant against the defendant against the Seoul Central District Court 2006Kadan475782 on November 9, 1996 against the execution of the procedure for the registration of ownership transfer on the ground of the completion of the statute of limitations for acquisition on July 24, 2007, and completed the registration of ownership transfer on September 18, 2007 based on the above judgment.

C. On October 19, 2007, the Plaintiff received shares in the instant site and building from F and G, and became a sole owner.

On the other hand, part of the instant building is constructed on the ground of the attached Form Nos. (c), (d), and (e) of the total area of eight square meters (hereinafter “instant real estate”) among the areas owned by the Defendant, which are adjacent to the said site, over the boundary of the instant site and are located on the ground of Yongsan-gu Seoul Metropolitan Government Road B, Yongsan-gu, Seoul.

2. The assertion and judgment

A. According to the facts of recognition of the obligation to transfer ownership upon the completion of the prescriptive acquisition, D from November 9, 1976, from purchasing the instant land from Seoul Special Metropolitan City to November 9, 1976, it occupied both the instant site and the instant sunken land as the site for the instant building by peace and public performance as the owner’s intent and 20 years thereafter.