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(영문) 춘천지방법원영월지원 2016.10.26 2016가단10273

소유권이전등기

Text

1. The Defendant is based on the completion of the prescriptive acquisition on August 22, 2010, with respect to the Plaintiff’s 7 square meters in Gangseo-gun, Gangwon-gu.

Reasons

In fact, the registration of transfer of ownership in the name of the Plaintiff was completed on October 14, 1969 with respect to the land size of 159 square meters and 63 square meters in Gangseo-gu, Suwon-gun, Gangwon-do, and D, and the registration of transfer of ownership in the name of the Plaintiff was completed on August 14, 1969. < Amended by Presidential Decree No. 10664, Aug. 22, 1990>

On December 15, 1990, the registration of transfer of ownership in the name of the Plaintiff was completed on the ground of the division of the jointly-owned property on December 15, 1990 with respect to the 353 square meters in Gangseo-gu, Gangwon-gu, Seoul Special Metropolitan City, and the registration of transfer of ownership in the name of the Plaintiff was completed on May 3, 1973.

(2) The Plaintiff is in possession and use of the instant building as the owner of the instant building since May 9, 190, as the owner of the instant building since before December 9, 1990, at the third floor above the ground and third floor above the ground and third floor below the ground level above the ground level, and building of reinforced concrete above the ground level below the ground level, and building of underground structure roof above the ground level above the building.

In the center of each of the above lands, the land in this case is located in the Dongwon-gun B large-7 square meters (hereinafter “instant land”). The land in this case is a three-dimensional shape, and the building in this case owned by the Plaintiff, which is constructed on C and G land, is located on the land in this case, and the remaining 3 square meters is located on the land in this case.

On June 12, 1979, the defendant completed registration of preservation of ownership on the land of this case.

【Based on the recognition of evidence Nos. 1, 2, 3, 4, and 6 (including the number of branches), the result of appraiser I’s survey and appraisal, and the ground for claim for the purport of the entire pleadings, the Plaintiff acquired land C, G, and G, where the building of this case is located before or after May 9, 190, which was registered as the owner of the building of this case, in the purchase or partition of co-owned property. Since around that time, the Plaintiff was surrounded by the above land and H, D’s land, and the land of this case where the part and the end of the building of this case are located, is believed to constitute part of the above land.