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(영문) 대구지방법원 서부지원 2018.06.07 2017가단52020
토지인도
Text

1.For the plaintiff:

A. Defendant B is in turn indicated in the annexed drawing Nos. 12, 13, and 14 among the area of 542 square meters in Daegu-gun D, Daegu-gun.

Reasons

1. Facts of recognition;

A. On March 8, 2014, the Plaintiff purchased 542 square meters in Daegu-gun, Daegu-gun (hereinafter “instant land”) and completed the registration of ownership transfer on March 11, 2014.

B. On September 24, 2003, Defendant B entered into an auction and completed the registration of ownership transfer on October 4, 2003. At present, Defendant B purchased a fence of approximately 21m in length on the site connecting each point of 12, 13, 14, 15, 16, 17, 18, and 19 of the instant land, and completed the registration of ownership transfer by installing a fence of 21m in length on the same map, and installing a fence of 19,3,4, 12, 13, 14, 15, 16, 17, 18, and 19 of each point on the same map (hereinafter referred to as “instant land”). Defendant B purchased each of the instant land with approximately 21m3, 205, 201m of land connected to each point on the same map, and completed the registration of ownership transfer, 201m of the instant land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the Defendants are obligated to remove the fences installed on the instant land owned by the Plaintiff and deliver the instant land to the Plaintiff.

B. As to the Defendants’ assertion, Defendant B asserted that “The acquisition by prescription of one’s possession on land of this case was completed on October 27, 2013, and thus, the Plaintiff is obligated to implement the procedure for the registration of ownership transfer on land of this case.”

If the possessor completes the registration of ownership transfer by a third party before the possessor completes the registration of ownership transfer, the possessor cannot assert the acquisition by prescription against the third party. The date of completion of the acquisition by prescription claimed by Defendant B.

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