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(영문) 제주지방법원 2020.10.12 2019가단57901

소유권이전등기

Text

1. The Plaintiff:

가. 피고 B은 서귀포시 D 대 293㎡ 중 별지 도면 표시 ㄴ, ㄷ, ㅍ, ㅌ, ㅋ, ㅊ, ㅈ, ㅇ,...

Reasons

1. Facts of recognition;

A. (1) On July 3, 1979, the Plaintiff completed the registration of ownership transfer based on sale on July 5, 1971 with respect to F-source 2761 square meters (hereinafter “Plaintiff’s land”).

(2) On June 16, 1994, Defendant B completed the registration of ownership transfer with respect to D & 293 square meters (hereinafter “Defendant B’s land”).

(3) On March 6, 1986, Defendant C completed the registration of ownership transfer with respect to the E large scale 281 square meters (hereinafter “Defendant 2”) in Seogpo-si, Seopo-si, Seopo-si.

나. 원고의 토지 점유 원고는 현재 피고1 토지 중 별지 도면 표시 ㄴ, ㄷ, ㅍ, ㅌ, ㅋ, ㅊ, ㅈ, ㅇ, ㄴ의 각 점을 차례로 연결한 선내 ‘나’ 부분 40㎡(이하 ‘이 사건 나 토지’라 한다)과 피고2 토지 중 별지 도면 표시 ㄷ, ㄹ, ㄷ1, ㄴ1, ㄱ1, ㅎ, ㅍ, ㅌ, ㄷ 의 각 점을 차례로 연결한 선내 ‘라’ 부분 33㎡(이하 ‘이 사건 라 토지’라 한다) 및 원고 토지 지상에 비닐하우스를 설치하여 농사를 지으면서 위 토지들을 점유하고 있다.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 1, 2, 3, 4, and 5, and the appraisal result of this court's appraiser Korea Land Information Corporation, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was completed by occupying the instant land and the instant land for at least 20 years, and the prescriptive acquisition has been completed. Therefore, the Defendants are obligated to register the transfer of ownership on each of the instant land to the Plaintiff based on the completion of prescriptive acquisition.

B. The Defendants’ assertion (1) The Defendants asserted that the Plaintiff’s land and Defendant 1’s land or Defendant 2 were not accumulated by the Plaintiff, but only part of the lower part of the H road, the need to use the said H road as the passage, as other roads arise due to the village structure improvement project, and there was no ground for holding that the said H road was owned by G, there was no evidence that I inherited G, and the Plaintiff’s addition from I around January 1, 1968.