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(영문) 서울남부지방법원 2019.12.19 2018가단259583
소유권이전등기
Text

1. The action against the defendant shall be dismissed;

2. The plaintiff's claim against Yeongdeungpo-gu Seoul Metropolitan Government.

Reasons

1. Presumed factual basis

A. On February 1, 2001, the Plaintiff purchased a building consisting of “15.70 square meters, 15.70 square meters, 25.70 square meters, and 15.70 square meters, 200 square meters, and 29.09 square meters, on the register, of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “ neighboring land”) and registered the ownership transfer in the name of the wife F on March 15, 2001.

The Plaintiff completed the registration of ownership transfer on May 6, 201, on the instant building due to the donation from May 4, 2011.

B. The instant building is a building for which the approval for use was obtained on July 10, 1961, and is located on the ground of the part (b) 20 square meters in the ship (hereinafter “the instant land”) that connects each point of the attached Form No. 10, 26, 25, 24, 23, 22, 21, 20, 19, 11, and 10 square meters among the land unregistered in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, Gap evidence 2-2, the result of the appraisal commission to the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff occupied the instant land as the ownership of the instant building for 20 years including the possession of the entire possessor, and during that period, the owner of the instant land was not changed. As such, the Defendant Yeongdeungpo-gu Seoul Metropolitan Government, the owner of the instant land, is obligated to implement the procedure for ownership transfer registration on the ground of the completion of the prescription period for possession acquisition. (2) Furthermore, the Plaintiff seeks confirmation of ownership against the Defendant Republic of Korea by subrogation of Yeongdeungpo-gu Seoul Metropolitan Government, in order to preserve the right to claim ownership transfer registration against the Defendant

B. Defendants 1) The Plaintiff’s land portion is adjacent to the instant land.

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