소유권이전등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on April 29, 1980 with respect to D Special Metropolitan City, Ycheon-gun D Special Metropolitan City (hereinafter “D land”).
B. On April 15, 1980, the registration of ownership transfer was completed on April 15, 1980 with respect to the land of 694 square meters in Gyeongcheon-gun, Chungcheongnamcheon-do (hereinafter “C land”), and the registration of ownership transfer was completed on August 10, 1994.
C. At present, the Plaintiff occupies and uses part 188 square meters in the ship (hereinafter “the occupied part of this case”) that connects each point of the attached Form 3 through 7, 12, and 3 among land C, in sequence.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 7 and images, the result of appraisal by the appraiser E of the first instance trial, the purport of the whole pleadings
2. Around 1960, the Plaintiff’s side F, which caused the Plaintiff’s claim, purchased D’s land and the possession portion of the instant land from Nonparty G and constructed D’s main house on the ground of D’s land in 1963. On April 29, 1980, D’s land, the occupation portion of the instant land, the principal house, and the lower mortgage house were donated to the Plaintiff.
Accordingly, the Plaintiff occupied the occupied portion of this case from that time.
The plaintiff removed the above 7 years ago, constructed a yellow soil bank, and has been occupying D land and the occupied part of this case as the intention to own, and used it in peace and public performance.
Therefore, even if counting from August 10, 1994 when the ownership transfer registration was completed for the land C, including the part of the possession in the instant case, the Plaintiff acquired by prescription the portion of the instant land at around 20 years after the prescriptive acquisition period, around August 10, 2014.
Therefore, the defendant is obligated to implement the registration procedure for ownership transfer on the part in possession of this case to the plaintiff.
3. Determination as to the cause of action
A. First, the Plaintiff was from August 10, 1994 to 20 years.