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(영문) 부산지방법원 2017.08.17 2016가단45492

소유권이전등기

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1. The defendant is based on the completion of the prescriptive acquisition on October 2, 2009 with respect to the land size of 20 square meters in Busan Dong-gu E-gu, Busan.

Reasons

1. The facts of recognition may be recognized by adding together the purpose of the entire pleadings to each entry or video set forth in the evidence No. 1 (including a paper number).

On June 11, 1951, the Defendant completed the registration of ownership transfer on the ground of sale with respect to the land of Busan Dong-gu E-20 square meters (hereinafter “instant land”).

B. On November 17, 1989, F completed the registration of ownership transfer for sale on October 1, 1989 with respect to the land adjacent to the instant land in Busan Dong-gu, Busan (hereinafter “Adjoining land”). From October 1, 1989, F occupied the instant land along with an unauthorized building on the adjoining land and its ground.

C.F died on July 17, 1995, and Plaintiff A and Plaintiff B and C, their wife, succeeded F as inheritor, and continued to occupy the land adjacent to the instant land.

2. According to the above facts of recognition as to the plaintiffs' claims, the plaintiffs who succeeded to F and F have continuously occupied the land of this case since October 1, 1989, and such possession is presumed to have been performed in a peaceful manner with the intention of ownership in accordance with Article 197(1) of the Civil Act.

Therefore, it is reasonable to view that the acquisition by prescription by the plaintiffs on the land of this case was completed on October 2, 2009 when 200 years have elapsed from the date of commencement of the above occupation. Thus, the defendant is obliged to implement the procedure for the registration of transfer of ownership on the land of this case for completion of the acquisition by prescription as above.

3. It is so decided as per Disposition by accepting the plaintiffs' claims.