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(영문) 광주지방법원순천지원 2016.06.09 2014가단16955

소유권이전등기

Text

1. The Plaintiff (Counter-Defendant) indicated on Annex 2. Map No. 2, 3, 4, 5.0 of the 896m2, Jeonnam-gun, Jeonnam-gun, the Plaintiff (Counterclaim Plaintiff) to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts (the principal lawsuit and counterclaim shall be deemed to be filed together);

A. The instant real estate (hereinafter “instant real estate”) is registered as the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”)’s share (Defendant B754/896 shares, Defendant C142/896 shares, and Defendant C142/896 shares).

B. The Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) is residing in an unauthorized building on the ground of 142 square meters in part (b) in theboard that connects each point of the No. 1, 2, 3, 4, 5, 6, and 1 of the instant real estate in sequence among the instant real estate.

C. Of the instant building, the part on the ground (i) part of 71 square meters on the ground (i) part of the attached Table 2. Map No. 1, 2, 5, 6, and 1, which was successively connected to each of the points of the attached Table No. 2. Map No. 1, 2, 5, 6, and 1, was constructed by Defendant C’s attachment (hereinafter “the site for warehouse and warehouse”) and the part on the ground (ii) part of 71 square meters on board (hereinafter “the site for expansion and extension”) which was successively connected to each of the points of the same section No. 2, 3, 4, 5, and 2, the same map No. 2,3, 5

[Ground of recognition] Unsatisfy, entry of Gap evidence 2-1, inspection and appraisal result by this court, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion is not clear whether the Plaintiff purchased a warehouse site constructed by the network E from F on May 15, 1994 from F, and whether the Plaintiff purchased the building site after then, the Plaintiff’s assertion is unclear.

The above ground warehouse was purchased, and the warehouse was extended to the building of this case at that time, and the moving-in report was made on April 4, 1995, and the building of this case was owned for more than 20 years, and it was peaceful and openly residing in the building of this case.

Therefore, the Defendants, the nominal owner on the registry, have completed the prescriptive acquisition on May 14, 2014 (the time when 20 years elapsed from the date of purchase) or April 4, 2015 (the time when 20 years elapsed from the date of transfer report) with respect to the portion of Plaintiff’s possession within the scope of each co-owned share.