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(영문) 창원지방법원 2016.06.09 2015나10381

소유권이전등기

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1. Revocation of the first instance judgment.

2. The Defendant shall draw up the attached Form 1,409 square meters among the 1,409 square meters in Changwon-si, Changwon-si.

Reasons

1. Basic facts

A. On July 20, 1989, the Defendant completed the registration of ownership transfer with respect to the area of 1,619 square meters in Yongsan-gu, Changwon-si, Changwon-si. The Defendant was divided into the area of 1,409 square meters before C on June 9, 2014 (hereinafter “instant land”).

B. Meanwhile, the instant land is in contact with the E preceding 327 square meters by setting up the line in sequence of each point indicated in the annexed drawing Nos. 28, 29, 1, 2, 3, and 4 (hereinafter “instant land”). As to this, the Plaintiff’s husband, F, the husband, completed the registration of ownership transfer on November 15, 1971. On June 30, 1981, he transferred the instant land to the Plaintiff on June 30, 1981. ② The line connected in sequence 26, 27, and 28 of the annexed drawing Nos. 26, 27, and 28 of the annexed drawing is in contact with H Dae-152 square meters (hereinafter “instant adjacent land”). As to this, the Plaintiff completed the registration of ownership transfer on June 30, 1981.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1, 10, 13, 14, Eul's evidence No. 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. In around 1971, the Plaintiff’s assertion F purchased the connected land of this case E and connected each point of 27,28,29,30,27 of the land of this case connected to the said land from around that time, the Plaintiff occupied the part of this case’s dispute, such as the pipe pole and straw roof, etc. around 1975, on the ground that: (a) around 1973 22m2 of the attached drawing (hereinafter “the part of this case’s dispute”); (b) around 1973, the Plaintiff’s assertion F built the underground water tank; (c) around 1975, the pipe pole and straw roof, etc.; and (d) around 1989, the part of this case’s dispute was occupied, such as planting and managing various trees, such as mod trees, sp trees, and

Since the plaintiff succeeded to F's possession on June 30, 1981, the part of the dispute in this case has been occupied as the intention of ownership until now.

Therefore, on July 20, 2009, when the registration of ownership transfer was completed on the part of the dispute of this case, the plaintiff's acquisition by prescription was completed on July 20, 2009.

B. Determination 1 Recognizing the possession of the instant dispute portion.