소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The premise facts D owned a 192 square meters in Gangwon-gun E-gun, Gangwon-do, and the Plaintiff acquired ownership on June 14, 1985 by donating it to F, who is a son, and F acquired ownership. The Plaintiff acquired ownership on December 12, 1994 by selling it to the Plaintiff as a ticket agent.
With respect to the area of 3,935 square meters (hereinafter referred to as “C land”) before Gangnam-gun, Gangwon-gun, the registration of transfer of ownership in the name of G G was completed on March 5, 1939 on the ground of the sale and purchase on March 5, 1939, and the registration of transfer of ownership in the name of the Defendant was completed on August 19, 201 due to the inheritance due to the division by consultation on June 5, 2007.
E Land and C are connected with each other, and the network D and network G are siblingss.
[Ground of recognition] In the absence of dispute, each entry of Gap 1, 2, and 3 evidence (including virtual numbers; hereinafter the same shall apply), the summary of the argument of the party concerned, the whole purport of the pleadings, all of the land and land Eul are owned by plaintiff DoD, and all of the land and land Eul were transferred to the network G with the exception of the part as stated in paragraph (1) of the claim (hereinafter the “instant land”).
In the process of transfer registration of ownership, the ownership transfer registration for the whole land of the deceased G has been completed, but the part of the land of this case has been occupied and used by the network D and F.
The Plaintiff purchased E land from F and succeeded to the possession from F, and thereafter, was in possession of F in peace and openly with the intent to own the instant land for twenty (20) years from June 14, 1985, for which F had commenced possession. As such, the Defendant, the nominal owner of C land, is obliged to implement the procedure for the registration of ownership transfer based on the completion of the statute of limitations for possession acquisition on June 14, 2005 to the Plaintiff.
Furthermore, the Defendant is obligated to remove the warehouse, etc. stated in paragraphs 2, 3, and 4 of the claim on the instant land.
The land included in Defendant C, including the instant land, did not occupy F or the Plaintiff for 20 years as the land purchased by the network G.
Judgment
The possession of an object is a factual control over any person in light of social norms.