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(영문) 대구지방법원 2020.06.10 2018나319311

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the following additional portions, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The plaintiff's assertion I knew that the land of this case G and the land of this case were a parcel of land, and purchased from O around March 1972, 1972, and subsequently, purchased the land of this case from O below the land of this case.

The instant G land and the instant F land are one site for one house and marina, and the boundary between J land after the division of the instant land is clear.

L, the owner on the register of J’s land before the instant subdivision, transferred to I, was also dividing the instant F’s land from the said land before the instant subdivision to I.

I and their descendants did not raise any objection to the Defendant during the coming from the possession of the instant F land in 40 years.

Therefore, I and their descendants' possession of the instant F land is autonomous possession, and the acquisition by prescription was completed at the point of 20 years from the commencement of possession.

B. (1) In purchasing or acquiring a building on the ground and commencing possession of the building site, even if the purchaser believed that part of the adjoining land belongs to the building site he/she purchased or acquired as a result of an accurate verification of the boundary line with the adjoining land, so long as he/she actually occupies a part of the adjoining land by delivery, the possession of the adjoining land shall be deemed to be based on his/her own intent (see Supreme Court Decisions 90Da12977, Feb. 22, 1991; 92Da284, 2851, 2868, May 26, 192). Meanwhile, a person who intends to purchase real estate enters into a sales contract after confirming ownership, size, etc. by the certified copy of the register or cadastral record before entering into the ordinary sales contract, etc., and thus, the area of the building site subject to sale exceeds considerably the area of the building site subject to sale.