beta
(영문) 서울동부지방법원 2020.02.05 2018가단134407

소유권이전등기

Text

1. The Defendant, among the 210.6m2 in Gwangjin-gu, Seoul Special Metropolitan City D, each point of the attached Form No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Basic facts

A. The deceased A (hereinafter “the deceased”) completed the registration of ownership transfer on April 23, 1987 with respect to the D-210.6 square meters adjacent to F on June 21, 2001 (hereinafter “the adjoining land”) and the land brickd 316.8 square meters (hereinafter “the adjoining building of this case”) and the two houses (hereinafter “the adjoining building of this case”). The Defendant purchased the D-210.6 square meters adjacent to F on June 21, 2001, and completed the registration of ownership transfer on July 3, 2001.

B. The instant real estate and the instant adjoining real estate are classified into a fence connected with each point indicated in the separate sheet Nos. 3, 4, 5, and 6. The deceased, after completing the registration of ownership transfer as above, has occupied and used part 12.8 square meters of “bb” portion of the instant neighboring land (hereinafter “instant adjoining land”) in sequenceing each point in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1 among the neighboring land of the instant case, as the instant building and the marina, etc.

C. On May 8, 2019, the Deceased died, and the wife inherited the property solely upon the agreement on the division of inherited property.

[Ground of recognition] A without dispute, entry or video of Gap evidence 1-1-4, Gap evidence 4 through 7, the result of the appraisal commission to the Vice Governor of the Seoul East National Land Information Corporation in this Court, the purport of the entire pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the deceased acquired the ownership of the real estate of this case on April 23, 1987, and commenced possession of the land of this case, and until April 23, 2007, which was 20 years after the date of possession, possessed the land of this case until April 23, 2007. The possessor is presumed to have occupied the land of this case in peace and openly as the owner's intention. Thus, the defendant is presumed to have occupied the land of this case.