소유권이전등기
1. The judgment of the court of first instance is modified as follows.
All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
(b).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant completed the registration of ownership transfer on October 10, 1980 by means of sale on September 9, 1994 in accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).
B. E (Death on January 13, 2002) had been owned by the Defendant on the ground (hereinafter “instant building”) a part of 371 square meters on the part of the instant land (B) connected in sequence to each point of 5, 6, 7, 8, 9, 10, 13, and 5 of the attached drawings among the instant land before the completion of the above registration.
C. A spouse of E is B who died on July 2016, and the Plaintiffs, as children of E and B, finally inherited E with respect to their respective shares of 1/4.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 18, the purport of the whole pleadings
2. Determination on the main claim
A. The gist of the party's assertion is that the plaintiff purchased and occupied the land and building in this case from around 1960, and the defendant's registration of ownership transfer was completed as of September 9, 1994 as of September 9, 1994 and possessed the land in this case in peace and patent for not less than 20 years as to the land in this case. Thus, the defendant asserts that E's heir is obligated to implement the registration procedure for ownership transfer on September 9, 2014 for each one-fourth portion of the land in this case.
On the other hand, the defendant asserts that the possession of E cannot be viewed as possession based on his own will, and thus, the plaintiff cannot respond to the plaintiff's claim.
B. According to Article 197(1) of the Civil Act, the possessor of an object is presumed to possess the object as his/her own intention, and thus, in cases where the possessor claims the acquisition by prescription, he/she himself/herself shall be deemed to own the object.