소유권이전등기
1. The Defendant (Counterclaim) points out of 853 square meters in the attached Form No. 5, 6, 7, 8, 9, 10, 13, and 5, respectively, among the area of 853 square meters in Seongbuk-gun D.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The network E purchased the housing of this case constructed on the part of the land in the dispute of this case and its ground from F around 1960.
B. The deceased on January 13, 2002, and the deceased on January 13, 2002, Plaintiff A and Party B inherited the instant housing, an inherited property, according to the inheritance share ratio (Plaintiff A2/5 shares, Plaintiff B3/5 shares).
C. On February 20, 1994, the network E prepared and executed a guarantee to the effect that the Defendant purchased and owned the instant land from G, and the Defendant submitted a guarantee under the name H and I along with the said guarantee certificate, and completed the registration of ownership transfer for reasons of sale on October 10, 1980 in accordance with the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (hereinafter “Real Estate Special Measures Act”).
On March 16, 2010, the Defendant completed the registration of the establishment of a neighboring mortgage on the instant land to J on March 16, 2010.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 6, and the purport of the whole pleadings
2. Determination on the main claim
A. Determination on the cause of claim 1) In the calculation of the period of prescriptive acquisition, where there is a change in the owner of the real estate in question during the period of possession, the claimant for the prescriptive acquisition cannot assert the completion of prescriptive acquisition on the ground that he/she arbitrarily selected the starting point of reckoning or occupied for not less than 20 years retroactively. In such a case, the court recognizes the starting point of the real possession as recognized by the litigation data without resorting to the allegations of the parties, and determines the propriety of the claim for prescriptive acquisition based on the basis of the foregoing (see, e.g., Supreme Court Decision 94Da3987, May 23, 1995). In addition, the transfer registration of ownership in the name of a third party is made between the acquisition by prescription and the transfer registration for ownership based on the completion of the period of prescriptive acquisition.