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(영문) 수원지방법원 2018.11.06 2018가단525305

소유권이전등기

Text

1. The Defendant indicated in the attached Form No. 6, 7, 8, 9, 12, 16, 18, 20, 22, 4, and 6, 7, 8, 9, 12, 16, 18, 20, 22, and 4.

Reasons

1. Basic facts

A. On November 29, 1996, the registration of ownership preservation was completed in the name of the Defendant on the part of Suwon-si, Suwon-si, the area B of 1788 square meters (hereinafter “instant land”).

B. On November 8, 1977, the registration of ownership transfer was completed in the name of Dongwon-si, Suwon-si, the 552 square meters adjacent to the instant land (hereinafter “Plaintiff-owned land”) and the ground brickd, brickd, brickd, and the single-story retail store (hereinafter “instant building”) under the name of Dongwon-si, the land of this case was completed on November 10, 197.

In September 18, 2009, the transfer registration of ownership in the name of Non-Party E was completed on September 18, 2009 with the donation made on September 18, 2009 as the cause of registration.

C. On August 11, 2016, the deceased E died, and the deceased’s heir’s land and the instant building were inherited by the Plaintiff solely on the grounds of the deceased E’s heir’s consultation.

그런데 이 사건 건물의 담장 및 지상물이 이 사건 토지 중 별지 도면 표시 6, 7, 8, 9, 12, 16, 18, 20, 22, 4, 21, 19, 19, 17, 15, 10, 3, 6의 각 점을 순차 연결한 선내 ㉮,㉯,㉰,㉱,㉲,㉳,㉴ 부분 토지 56㎡(이하 ‘이 사건 계쟁 부분’이라 한다)를 침범하여 설치되어 있다

(1) The plaintiff asserts that the building of this case was constructed in the same situation since the construction of 1971, and the defendant does not dispute at all about this. [Grounds for recognition] Facts without dispute, each entry of Gap evidence Nos. 1, 2, 3, 4, 5, 6, 7, 8 (including the number of pages), and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The summary of the cause of the claim asserts that the prescriptive acquisition for twenty years was completed as of November 10, 1997, from November 10, 197, by the Plaintiff’s early mother D, who acquired ownership of the building of this case, from November 10, 197.

B. According to the above facts of recognition, the Plaintiff succeeded to the possession of the network D and E in succession. The part of the instant dispute over the period of not less than 20 years from November 10, 1977.