beta
(영문) 제주지방법원 2017.07.07 2015가단54805

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on August 31, 1990 with respect to D orchard 1,706 square meters (hereinafter “Plaintiff’s land”).

(A) evidence 1.b.

Plaintiff

The registration of ownership preservation was completed on November 8, 1979 by E, the Defendant’s father, who is the Defendant’s father, on the following grounds: (a) on March 11, 2008, the Defendant completed the registration of ownership transfer on the ground of donation on September 6, 1987: < Amended by Presidential Decree No. 20347, Sep. 6, 1987>

(A) Evidence No. 1-2) 2. Claims of the Parties

A. A. Around February 10, 1991, the Plaintiff purchased 50 square meters, including 47 square meters on the part of “B” (hereinafter “instant land”) connected in order to each point of the Defendant’s land indicated in the attached Form No. 1, 2, 3, 4, and 1, from the Defendant’s land.

From around that time, the Plaintiff opened access roads and occupied the land of this case in peace and openly with the intention to own it.

Therefore, since the acquisition by prescription of the instant land was completed on or around February 9, 201 after 20 years from February 10, 1991 from February 10, 201, the Defendant is obligated to implement the registration procedure for transfer of ownership on or before February 9, 201 with respect to the instant land to the Plaintiff.

B. Defendant E did not sell the instant land to the Plaintiff, and the Plaintiff only uses the instant land as a passage, and the Plaintiff requested the Defendant to sell the instant land several times.

Therefore, the plaintiff's possession is the possession of the owner.

3. Determination as to whether the possessor’s possession is the owner’s intention or the owner’s intention is the owner’s intention or the owner’s intention is not determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the title causing the possession or to the possession, the possessor should be determined externally and objectively. Therefore, it is proved that the possessor acquired the possession on the basis of the title which appears to have no intention to own due to its nature, or that the possessor has obtained the possession on the basis