beta
(영문) 서울서부지방법원 2014.05.15 2013가합33560

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On March 28, 1990, the Plaintiff asserted that: (a) purchased a building constructed on the above land on the Seoul Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant land”); (b) 32.1 square meters adjacent thereto (hereinafter “the instant land”); and (c) the Nonparty purchased a building constructed on the above land on September 15, 1967; and (d) occupied the instant land in a peaceful and public manner as the owner’s intent.

Therefore, the Defendant, who is the title holder of the instant land, is obligated to implement the registration procedure for transfer of ownership on June 4, 2010 on the instant land to the Plaintiff on the ground of the completion of the prescription period, from June 4, 1990, which was the date of possession of the Plaintiff.

B. The Defendant’s assertion is separate from the building on the ground of the adjoining land owned by the Plaintiff, and the building completed the registration after obtaining permission for use by misappropriation of the number of the unauthorized building or other land that is not the land of this case, and the Plaintiff’s ASEAN owned by the Plaintiff, not the Plaintiff. Even if the above building on the ground of this case is owned by the Plaintiff, the Plaintiff purchased the above building for which approval for use was granted by illegal or illegal means, and occupied the land of this case with the knowledge that the land was owned by the Defendant. Thus, the Plaintiff’s possession of the land of this case constitutes the possession of the land of this case, and thus the Plaintiff

2. Determination

A. (1) On June 4, 1990, the Plaintiff completed each registration of transfer of ownership on the ground of sale on March 28, 1990 with respect to the adjacent land and its three-story business offices of reinforced concrete structure, 264.50 square meters per one story, 264.50 square meters per two stories, 264.50 square meters per three stories, and 247.14 square meters per three stories (hereinafter “land adjoining land”).

(2) The land of this case was previously owned by the Defendant since October 8, 1988, since its land category was changed to the site on December 14, 1976.

(3) The instant case.