beta
(영문) 서울북부지방법원 2013.07.12 2012가단32918

점유취득시효에의한 소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 13, 1956, Seoul Metropolitan Government completed the registration of transfer of ownership on the ground of land expropriation on October 14, 1955 with respect to the land of Dongdaemun-gu Seoul Metropolitan Government 89 square meters (hereinafter “instant land”).

B. From 1955 to 1957, Seoul, Dongdaemun-gu Seoul, Seoul, a housing site for the construction of a housing complex, including the instant land, and construction of a H I house (SI) around 204.

In the process, other H houses and their structure and size were newly built on the ground of the instant land, and the H houses of the second floor with the same structure and size were newly built on May 9, 1961 in the name of Seoul Special Metropolitan City.

C. Upon the enforcement of the Local Autonomy Act on May 1, 198, the Defendant, who had jurisdiction over the instant land area, succeeded to the ownership of the instant land from Seoul Special Metropolitan City and completed the registration of ownership transfer in the name of the Defendant on July 27, 198.

However, the ownership of the instant housing still remains in Seoul Special Metropolitan City.

On the other hand, the plaintiffs are the successors of the deceased JJ who died on June 22, 1994.

[Ground for Recognition: Facts without dispute, Gap evidence 1 and 2, evidence 3-1, 2, Eul evidence 1-1, 2, Eul evidence 4, each of the images of Eul evidence 6 and 7, and the purport of whole pleadings]

2. The plaintiffs' assertion and judgment

A. The deceased J and the plaintiffs asserted that the defendant succeeded to the ownership of the land of this case from July 27, 198 to July 27, 2008, occupied the house of this case in a peaceful and public performance with the intent of possession for 20 years from July 27, 2008, and the acquisition by prescription was completed by occupying the land of this case, which is the site. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership due to the prescriptive acquisition on July 24, 2008 with respect to the shares of inheritance of this case among the land of this case.

B. First of all, the judgment of this case is rendered around July 27, 1988, for which the deceased J or the plaintiffs claimed as the starting point for acquisition by prescription.

참조조문