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(영문) 대구지방법원 2019.02.13 2018나5636
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 30, 1964, the Defendant completed the registration of transfer of ownership based on sale and purchase as to Q Q Q 748 P, Daegubuk-gu (hereinafter “Seoul Northern-gu Ddong”), whose name was changed from the “Seoul Northern-gu Ddong” to the present. In this regard, the Defendant completed the registration of transfer based on sale and purchase without distinguishing the before and after the change of name.

B. On June 23, 1981, the above land was divided into the instant land and the land of this case into 2,288 square meters (hereinafter “Adjoining land”). On the same day, F completed the registration of ownership transfer based on sale and purchase of adjoining land. As F dies on January 1, 1986, he completed each co-ownership transfer registration based on the inheritance of neighboring land on March 2, 1988 by G, HH I, J, K, K, and L.

C. On March 11, 198, the Plaintiff purchased MW 428 square meters, N 380 square meters, O 90 square meters, and P 396 square meters, and completed the registration of ownership transfer on March 14, 1988 with respect to each of the above lands.

[Grounds for recognition] Gap 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleading

2. The Plaintiff alleged that the land of this case was included in the adjacent land, etc. at the time of purchase of the adjoining land around March 1988. Accordingly, the Plaintiff occupied the land of this case in peace and public performance with intent to own the land for twenty (20) years from March 14, 198. As such, the period of prescription for the Plaintiff’s possession of the land of this case completed on March 14, 2008.

Therefore, the Defendant, the owner of the instant land, is obligated to implement the registration procedure for ownership transfer on March 14, 2008 with respect to the instant land to the Plaintiff.

3. Determination

A. The possession of an object refers to the objective relationship that can be said to be in a factual control of a person under the social concept, and the factual control here does not necessarily mean that the object is physically and practically controlled.

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