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(영문) 부산지방법원 2020.01.14 2018가단340054

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 (former title: E organization) is an unincorporated association composed of residents residing in the Frith of Busan-gun, Busan-gun.

At the time of April 10, 1995, the Plaintiff constructed a community hall on the ground after obtaining the consent to use the land with respect to the land of 342 square meters out of the relevant site from Nonparty H, who is the owner of 1,296 square meters in Busan-gun G, Busan-gun, and the Plaintiff completed the registration of preservation of ownership on the community hall building around March 19, 196. On November 19, 196, with respect to the land of 342 square meters, the Plaintiff completed the registration of transfer of ownership on the ground of sale on October 30 of the same year as the receipt of the Busan District Court’s branch branch branch support on November 19, 196.

B. The Defendants acquired 1/2 shares of each of the instant site on August 20, 2012 with respect to the 391 square meters in Busan-gun, Busan-gun (hereinafter “instant site”) adjacent to the community hall (hereinafter “instant site”).

Of the instant land, the portion 2,2, 22, 21, 4, 5, 6, 20, 19, 18, 17, and 1 of the attached Table 1, 2, 22, 21, 4, 5, 6, 20, 19, 17, and 138 square meters (hereinafter “instant dispute land”) is being used as a passage through which the community hall can enter under the condition of cement packing.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2, Gap2, 3, 8, and 9-2, and the result of the on-site inspection by this court, the result of this court's entrustment of surveying and appraisal to the director of the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a place where a community hall was established on the ground of 342 square meters adjacent to the Plaintiff and an access road was occupied and used by installing a community hall on the ground of 342 square meters adjacent to the Plaintiff, and the community hall was established on March 19, 196 and possessed in peace and public performance with the intent to own it from March 19, 196. As such, the prescriptive acquisition period on March 19, 2016, when 20 years elapsed thereafter, was completed.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on the land in the dispute in this case to the Plaintiff on the ground of the completion of prescription for possession.

B. The Defendants’ assertion is owned by the Plaintiff.