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(영문) 의정부지방법원 2017.06.01 2016나60786

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 19, 1982, D, the father of the Plaintiff, completed each registration of transfer of ownership based on the sale on March 18, 1982, 1982 with respect to the housing of 145 square meters and 145 square meters (road name G in Gyeonggi-do, the Plaintiff’s current address) and its ground.

(b) The above land is called “land owned by the Plaintiff,” and the above housing is called “instant housing.”

On January 8, 198, the Plaintiff completed each registration of ownership transfer on the land owned by the Plaintiff and the housing of this case on January 6, 1988.

C. On April 20, 1990, the defendant completed the registration of ownership transfer on the land owned by the defendant adjacent to the land owned by the plaintiff on March 14, 1990.

Of the instant housing, the fences and part of the fences are invaded on the land owned by the Defendant and exist on the ground of the instant dispute, which is part of which is part of the land.

E. D is residing in the instant house from March 19, 1982 to the present date.

[Reasons for Recognition] Unsatisfy, entry or video of Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers in the case of supplemental numbers), the result of a request for surveying and appraisal to the head of the ordinary branch of the Korea Land Information Corporation in the first instance court, the purport of the whole pleadings

2. We examine the judgment on the cause of the claim. D from March 19, 1982 to January 8, 1988, the Plaintiff owned each of the instant housing from January 8, 198 to January 8, 198, and continued possession of the instant land, which is a part of the site, by continuously owning the instant housing. As recognized in the facts of the foundation, D and the Plaintiff presumed possession of the instant land by peacefully and openly doing so by their own intent. As such, it is presumed that D and the Plaintiff occupied the instant land by acquiring prescriptive prescription for the Plaintiff’s land of this case, which succeeded to D’s possession on March 19, 202, which was 200 years from the date of possession of D, was completed.

Therefore, the defendant, barring special circumstances, takes the procedure for the registration of ownership transfer on March 19, 2002 for the land in the dispute of this case to the plaintiff.