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(영문) 춘천지방법원 2015.05.12 2014가단6414

소유권이전등기

Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer of ownership on March 18, 1997 with respect to the Plaintiff’s 2292 square meters, F, 248 square meters, and G 2003 square meters (hereinafter “instant surrounding land”), which were owned by D, for sale and purchase, and H completed the registration of transfer on August 31, 201.

B. The instant real estate is located between G and F, and the Defendant’s attachment I was registered as the ownership transfer registration on March 16, 1948 with respect to the instant real estate.

C. On October 26, 2006, the Defendant completed registration of preservation of ownership of the instant real estate on October 26, 2006, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, invalidation, and special measures (hereinafter “Special Measures Act”).

[Reasons for Recognition] Facts without dispute, entry and video of Gap's evidence 1 through 6 (including each number in the case of additional number) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties, around November 17, 1973, the J purchased the instant real estate in a lump sum, and completed the registration of ownership transfer as to the instant surrounding land in the name of Aar, Aar. However, the instant real estate did not complete the registration of ownership transfer as an unregistered relation. The Plaintiff purchased the instant surrounding land and the instant real estate from D around 1976, while residing in the housing located on the ground of the instant real estate, while cultivating the surrounding land for three years.

Since then, H cultivated the instant real estate and its surrounding land by leasing it to H, and the Plaintiff asserts that the statute of limitations for acquisition by possession was completed on December 31, 1996, when 20 years have passed since 1976 since the commencement of public performance and peaceful possession of the instant real estate by purchasing the instant real estate, etc. from D as an intention to own it.

As to this, the defendant is the plaintiff in this case.