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(영문) 서울고등법원 2017.04.07 2016나2068879

소유권이전등기

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. In around 1979, the Plaintiff’s husband D (hereinafter “the deceased”) constructed an unauthorized building on the part of the instant land possessed by the Plaintiff (hereinafter “the instant unauthorized building”) and occupied the occupied part of the instant land while living together with the Plaintiff.

B. The Deceased died on March 18, 1997, and the Plaintiff still resides in the building without permission.

C. On February 28, 200, the Defendant received a successful bid for the instant land as a voluntary auction and completed the registration of ownership transfer under the Seoul Central District Court Registration No. 9744, Mar. 17, 2000.

On May 30, 2013, the Defendant completed the registration of ownership transfer (one-third of the co-ownership shares) based on gift No. 134047, May 30, 2013 to E, F and G on May 30, 2013.

[Ground of recognition] The descriptions or images of Gap evidence Nos. 1, 3, 4, 6, and Eul evidence Nos. 1 and 1 (including branch numbers; hereinafter the same shall apply)

2. Determination on the main claim

A. The Plaintiff’s assertion (1) since around 1975, the Plaintiff and the Deceased began to possess the occupied part of the instant case in a peaceful and public performance manner by constructing and killing the instant unauthorized building on the occupied part of the instant case.

Even if the Plaintiff and the Deceased’s possession at the time were to be deemed to be the owner of the instant land, the deceased’s possession of KRW 12,00,000 and KRW 1/2 of the instant land was owned by H and M as the owner of the instant land, but in fact, H was the sole owner of the instant land, from the time of purchase to the possession of the instant land.

(2) The Plaintiff, upon the death of the deceased on March 18, 1997, has succeeded to the occupation of the deceased and has possessed the occupied portion of this case until then. As such, from around 193, the date of commencement of the occupation of the deceased.