beta
(영문) 창원지방법원 2014.08.19 2013가단31468

소유권이전등기

Text

1. The defendant is based on the completion of the prescriptive acquisition on January 1, 200 with respect to the land size of 820 square meters in Seocho-gu, Changwon-si, Changwon-si.

Reasons

1. Determination as to the cause of claim

A. 1) The real estate in this case is the real estate of this case, which is the Jingu-si Seoul Special Metropolitan City C Dae-gu 820 square meters (hereinafter “instant real estate”).

A) From May 31, 1943 to D (this name E), the ownership transfer registration has been filed in the name of D (this name). On August 16, 2012, F, the Plaintiff’s attached, purchased the instant real estate from the Defendant’s father E on June 3, 1945 from Changwon-gu, Changwon-gu, Changwon-gu, Seoul Special Metropolitan City, which is adjacent thereto. Of them, the Plaintiff’s ownership transfer registration was completed on July 26, 1980 on the ground of sale and purchase on March 10, 1972 pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094).

3) Around 1979, H accepted the Plaintiff’s proposal that the Plaintiff exchanged the instant real estate while pregnant, and transferred the instant real estate to a house located on the ground of this case in the previous residence. At that time, on the instant real estate ground, E, the Defendant’s father, was residing in the Defendant’s house, and J’s family was also residing in the instant real estate. Since 2001, J moved back, and the relevant housing site remains in the present public place. On the other hand, the Plaintiff’s part of the Plaintiff’s housing site is over the instant real estate. (iv) In addition to the confirmation that the Plaintiff paid property tax on the instant real estate from 199 to 199, the Plaintiff received rent for the instant real estate site over several years.

[Ground of recognition] The non-contentious facts, Gap evidence 1-3, Gap evidence 1-2, Gap evidence 6, Gap evidence 12, Eul evidence 2-1-8 of Eul evidence 2, witness I, and H's testimony fact inquiry results, the whole purport of the pleadings, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above recognition, the housing owned by the Plaintiff on the ground of the instant real estate or the land owned by the Plaintiff.