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(영문) 수원지방법원 2018.05.11 2017가단33762

소유권이전등기

Text

1. Inboard (i) connected in sequence 2, 23, 22, 21, 20, and 2 of the annexed drawings among the area of 130 square meters of D forest land in Sungsung-si.

Reasons

1. Basic facts

A. The alteration of a right on the real estate registration injury of a building on land (hereinafter “the instant building”) owned by the Plaintiff (hereinafter “Plaintiff-owned land”) shall be as follows:

On October 29, 191, the registered titleholder on the date of registration Nos. 1, 1991, the registration of preservation of ownership of Sejong APP Co., Ltd. (trade name after the revision; hereinafter referred to as "SPPC") on the grounds of registration No. 1991, Jul. 10, 2008; hereinafter the same shall apply) sale on September 17, 2014, sale by voluntary auction on July 2, 2012, 3208: < Amended by Presidential Decree No. 23448, Jul. 2, 2012; Presidential Decree No. 23588, Oct. 28, 2014>

B. The alteration of rights on the real estate registration injury of D forest land 130 square meters (hereinafter “instant land”) adjacent to the Plaintiff’s land is as follows.

On February 28, 2000, the registered titleholder on the date of registration Nos. 1, 200 and the registered titleholder on Feb. 23, 2000, Jak Construction Co., Ltd., the trust property on Feb. 28, 2000, the land trust company on Feb. 23, 2000, the trust on Feb. 23, 2000, the Korea Housing Guarantee Co., Ltd (the name after the change) on Mar. 3, 2005 on Feb. 22, 2005

C. Of the instant land, the part (i) of 80 square meters in the ship (hereinafter “instant dispute”) which connects each point of 2,23,22,21,20, and 2, among the instant land, are used as the site for the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, it commenced the possession on October 22, 1991 on the part of the instant dispute among the instant land, which was approved for the use of the instant building by SPC to newly construct the instant building.

The facts that Defendant B, C, and the Plaintiff succeeded to the possession in succession are as seen earlier, and the above possession is presumed to have been in peace and public performance in accordance with Article 197(1) of the Civil Act. Thus, the instant dispute over Defendant B, the possessor at the time of October 22, 201, which was 20 years from the date of commencement of possession.