소유권이전등기
1. In order to the Plaintiff, the Defendant indicated in the attached Form 1-11 and 1 among the 3,765 square meters of the roads B 3,765 square meters in Seongbuk-gun.
1. Facts of recognition;
A. On October 18, 1979, the registration of transfer of ownership in the name of the defendant was completed with respect to the land listed in paragraph (1) of this case (hereinafter “instant land”).
B. Around 1965, C newly constructed a house with soil walls structure one story on the ground of 264 square meters located adjacent to the said land (hereinafter “Plaintiff’s house”) and extended the said house on around 1972. Around 1972, C is registered as its owner in the building register on the said house.
C. Based on the Plaintiff’s housing wall installed on the line that connects each point of 5-11 and 1 among the instant land, the part of “b” part of “b” as indicated in paragraph (1) of this Article (hereinafter “b”) is located within the wall and is currently being used as the Plaintiff’s housing marina, along with the size of 80 square meters in the wall, and the part outside the wall is used as part of the village (hereinafter “instant road”).
On the other hand, C died on May 5, 1991, and on October 21, 2016, the agreement on the division of inherited property was concluded between their inheritors to own the said house solely.
On November 30, 1994, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff with respect to E large scale 80 square meters among the housing sites.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-3, 7, Eul evidence Nos. 1 and 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiff’s assertion that: (a) around 1965, the Plaintiff occupied and used the dispute part from the time of new construction of the Plaintiff’s housing; and (b) as the acquisition by prescription was completed by the Plaintiff’s possession for not less than 20 years by succeeding the said possession, the Plaintiff sought transfer of ownership against the Defendant regarding the said dispute part.
3. Determination
A. The time of commencement of the Plaintiff’s occupation, C or the Plaintiff’s use of the said Plaintiff’s housing fence from before 1970, claiming that C and the Plaintiff occupied and used the said part, while the Defendant invadedd the instant land and reconstructed the said land.