소유권이전등기
1. The judgment of the court of first instance is modified as follows.
The defendant shall draw up the attached Form among the land size of 49.6 square meters in Daegu Jung-gu.
1. Basic facts
A. On March 4, 1989, the Plaintiff completed the registration of transfer of ownership on the ground of sale on February 6, 1989 with respect to the land and its ground (hereinafter “instant building”) located in Daegu-gu, Daegu-gu (hereinafter “the Plaintiff’s land”) and the Plaintiff occupied the instant building from February 6, 1989.
B. E completed the registration of ownership transfer on December 28, 1982 with respect to the Daegu Jung-gu, Daegu-gu, 49.6 square meters adjacent to the above land (hereinafter “Defendant land”). On July 27, 2005, E completed the registration of ownership transfer on the ground of the same day donation to the Defendant.
C. The instant building, along with the instant land, is constructed on the ground of the part of 8.0 square meters in the “b” portion on the part of the instant land (hereinafter “the instant part in possession”), connected each point of the Defendant’s land, in sequence with the indication of the attached drawing Nos. 4, 5, 6, 7, and 4 among the instant land.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and images, the result of a request for surveying and appraisal to the Daegu East Vice-Governor of the Korea Land Information Corporation in the trial court, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the acquisition by prescription for the land occupied by the Plaintiff was completed on February 6, 2009, when 209, when 20 years have elapsed from February 6, 2009, since the land occupied by the instant building was presumed to have been occupied by the Plaintiff as the site of the instant building by purchasing the instant building and acquiring its ownership, and the Plaintiff’s possession was presumed to have been jointly and openly held as its owner’s intent.
(A) The Defendant is liable to implement the registration procedure for ownership transfer on February 6, 2009 for the land in the instant possession to the Plaintiff on the ground of the completion of the prescriptive acquisition on February 6, 2009.
B. As to the Defendant’s assertion, the Defendant is the Plaintiff of this case.