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(영문) 청주지방법원제천지원 2015.05.21 2014가단1610

소유권이전등기

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is a single-income group C. to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The fact that the Defendant is the owner of the 83,316 square meters of land in Chungcheongnamyang-gun, Chungcheongnamyang-gun, Chungcheongnam-gun, and that the Plaintiff occupied the portion 1,640 square meters of land in attached Table 14, 15, 16, 17, 18, 19, 20, 21, 22, 139, 140, 141, 142, 26, 27, 143, 144, 145, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, and 14 among the above land, and there is no dispute between the parties to the instant land.

2. According to the above facts of recognition as to the counterclaim claim, the plaintiff has a duty to deliver the part of the land of this case to the defendant, unless there are special circumstances.

3. Judgment on the plaintiff's counterclaims and the plaintiff's counterclaims

A. On October 27, 1987, the Plaintiff purchased respectively the land E, E, 3,838 square meters (at present, E, 3,262 square meters and 586 square meters for F farm land), G forest 3,465 square meters (at present, H farm land 1,617 square meters, 491 square meters for I forest, 1,361 square meters before J), K forest 2,27 square meters (at present, 476 square meters for L forest, 1,694 square meters), and E, 3,838 square meters in the above land as part of the instant land, and if it continues to possess the farmland in the part of the instant land after purchase from D.

Therefore, since the acquisition by prescription for the instant portion of land was completed on June 5, 2010 after the lapse of 20 years from June 5, 1990 after the Plaintiff completed the registration procedure for transfer of ownership in the name of Yong-Nam N as to the instant part, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of acquisition by prescription for the instant portion of land, and the Plaintiff is not obligated to respond to the Defendant’s counterclaim claim.

B. The fact that the Plaintiff occupied the part of the instant land is as seen earlier, but even though the two lands occupied by mistake are adjacent thereto, according to the witness witness D’s testimony, D divided land and G and K after surveying it.