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(영문) 춘천지방법원 강릉지원 2018.12.12 2018가단32131

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 30, 1959, cadastral records were restored on the 73m2 and 139m2 (hereinafter “each of the instant lands”) in Gangseo-si, Gangnam-si, and on April 8, 1985, E’s preservation of ownership was completed.

B. Since February 28, 1989, the name F, the name G and H on December 26, 1989, the name G and H on September 19, 191, and the name I on October 29, 2003, respectively, was registered.

In the property tax ledger concerning the wooden farm house 43.36 square meters (hereinafter referred to as the “instant building”), which is a unregistered building in Gangseo-si, Gangnam-si, which is the unregistered building, the new building is entered into the property tax ledger in the year of new construction, 1920, and the owner’s J who is the Plaintiff’s punishment, and the date of acquisition on June 25, 192.

C. Meanwhile, the sum of 135 square meters K was assessed against L by the Land Survey Division prepared during the Japanese occupation period, and on May 21, 1984, registration of preservation of ownership in M and N was made.

The deceased on April 26, 1980 as the father of the plaintiff, and the deceased on June 18, 2001 as the mother of the plaintiff, the deceased on June 18, 2001.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7, 9 evidence, Gap 10 evidence 1, Gap 12, 13 and 14 evidence, the purport of the whole pleadings and arguments

2. The plaintiff's assertion and judgment

A. The Plaintiff’s father, the Plaintiff’s father, purchased from Q Q on August 14, 197 the building of this case, which was the land before the subdivision of each of the instant land, from Q, and resided therein. On April 26, 1980, the Plaintiff had P reside in the Plaintiff’s Mammo-mar, and thereafter succeeded to the Plaintiff’s possession via Q P.

Therefore, with respect to each of the instant lands, the acquisition by prescription was completed by occupying on April 8, 1985 or from February 28, 1989, the date of registration of ownership transfer in the name of F, which was September 11, 1991 or the date of registration of ownership transfer in the name of E, which was the date of registration of ownership transfer in the name of F.

In addition, from November 1, 1968, the ownership date of net S and Q, the owner of the building of this case, or from November 1, 1968, the deceasedO succeeded to possession for 20 years.