소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is an owner of over 198 square meters in overcheon-si D. The Plaintiff is an owner of over 198 square meters.
The defendant is the owner of over 402m2 square meters adjacent to the plaintiff's land, as shown in the attached Form.
Plaintiff
On October 4, 200, E large 268 square meters owned were divided into E-si E large 250 square meters on October 4, 200 and G large 18 square meters (which was incorporated into a post-road), and on December 29, 2003, H large 250 square meters was combined into D and 448 square meters were combined into D. < Amended by Act No. 6948, Dec. 29, 2003>
A part of October 4, 2000 square meters of land owned by the Defendant was divided into I large 38 square meters and was incorporated into a road.
On August 13, 1976, the Plaintiff purchased a house of 198 square meters and its ground from F and completed the registration of ownership transfer on August 16, 1976.
The plaintiff was approved to use on December 29, 1976 after he destroyed the previous house and newly built the house and the warehouse.
The defendant completed the registration of transfer of ownership on December 18, 1980 with respect to 402 square meters in Jungcheon-si, Seoul.
At present, there is a fence made of waste building materials, etc. according to the line connecting 3, 11, 12, 13, 14, 9 in sequence among the defendant's land, and the part beyond the fence is occupied by the plaintiff for the use of the front garden of the site of the house.
(2) Of the land owned by the Defendant, the part owned by the Plaintiff among the land owned by the Defendant (hereinafter “instant land”), is without dispute (based on recognition), entry of evidence A1-7, the result of on-site inspection, the purport of the entire pleadings.
2. The parties' assertion
A. From August 16, 1976, the Plaintiff’s assertion that the Plaintiff acquired the ownership of D land, the Plaintiff thought that the pertinent land was part of D land, and continued to occupy it by constructing a stable on the ground.
Therefore, the acquisition by prescription of possession of the above land was completed on August 16, 1996 after 20 years elapsed.
B. The Defendant’s assertion that the Plaintiff did not occupy the instant land for 20 years.
The plaintiff, in 2007, is a fenced with waste building materials when the defendant, in order to construct a new building on the land owned by the defendant.