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1. The defendant, among the land size of 111 square meters in Seoul Special Metropolitan City, shall include indication 1, 2, 3, 4, 5, 6, and 1.
Reasons
1. Basic facts
A. On September 21, 1988, the Defendant completed the registration of ownership transfer with respect to the land of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, 111 square meters (hereinafter “instant land”).
B. D new construction of a 45.72 square meters united on the ground of 83 square meters in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Plaintiff’s land”) adjacent to the Defendant’s land (hereinafter “the instant building”), and completed registration of preservation of ownership on September 17, 1981, upon obtaining approval for use on March 23, 1981.
After all, on the ground of the sale as of June 30, 1983, the transfer registration under the name of F was completed on July 1, 1983, on the ground of the cancellation of title trust as of July 13, 1996, on the ground of the transfer registration under the name of G on October 5, 1996, the transfer registration under the name of G on May 24, 2006, and the transfer registration under the name of H on November 2, 2006, on the ground of the sale as of January 19, 2017, and on March 3, 2017, on the ground of the sale as of January 19, 2017.
C. The instant building, among the instant land, was built on the part of 11 square meters in the ship (a) connected in sequence of each point of Section 1, 2, 3, 4, 5, 6, 11 square meters in the attached drawings, among the instant land.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, appraiser I's appraisal result, the purport of the whole pleadings
2. If the registrant continues to be the same person during the period of judgment on the cause of the claim, it is sufficient to regard the starting point of the acquisition as at the time to claim the completion of the acquisition by prescription between where the starting point is located and determine the expiration of the period. Therefore, even in a case where the 20-year period has elapsed by succession to the possession of the former possessor, the former possessor may claim the completion of the acquisition by deeming the starting point as the starting point after the commencement of possession. This is if the registration titleholder continues to exist after the lapse of the acquisition period, even if ownership is changed, if the former possessor is the same