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(영문) 전주지방법원 2016.11.23 2015가단29505
소유권이전등기
Text

1. Of the 19.8§³ B in Jeonju-si, Jeonju-si, the Defendant indicated in the attached Form 1, 15, 14, 4, 17, 18, 7, 8, and 1.

Reasons

1. Facts of recognition;

A. On March 31, 1982, the Plaintiff purchased 2,240,400 square meters of Donsan-gu, Jeonju-si (hereinafter “instant site”) and buildings without permission therefor (hereinafter “instant building”) from Jeonju-si (hereinafter “the instant building”) and completed the registration of ownership transfer as the Jeonju District Court No. 17525, Apr. 2, 1982 regarding the instant building site.

B. The Defendant is the owner of 19.8 square meters in Yeongsan-gu, Seoul Special Metropolitan City (hereinafter “instant neighboring site”) adjacent to the instant site.

C. The outer wall of the building of this case, which was connected in order to each point of the items indicated in the annexed drawing Nos. 1, 15, 14, 4, 17, 18, 7, 8, and 15, 12, 13, 14, and 15 of the same drawing Nos. 15, 12, 13, 14, and 15 of the same drawing Nos. 15, 15, 15, 14, 4, 17, 18, 7, 8, and 15 of the adjacent site of this case, is constructed by

[Ground of recognition] Unsatisfy, Gap evidence 1 and 5-1, 2, Gap evidence 2, 4, 6, and 9; the result of the on-site inspection by this court; the result of the appraiser E’s survey and appraisal; the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, after purchasing the instant site and its ground buildings around March 31, 1982 and completing the registration of ownership transfer on April 2, 1982, the Plaintiff occupied the instant dispute part in peace and public performance with the intent to own it as the site of the instant building, and the Plaintiff acquired by prescription on April 2, 2002, when 20 years have elapsed from the commencement of possession by continuing possession of the instant dispute part.

Therefore, barring special circumstances, the Defendant is obligated to implement the registration procedure for transfer of ownership on April 2, 2002 with respect to the dispute part of this case to the Plaintiff.

3. Judgment on the defendant's assertion of the possession of a third party

A. A person who intends to purchase the Defendant’s alleged real estate is owned by the register, cadastral record, etc. prior to the conclusion of the trade contract.

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