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(영문) 서울동부지방법원 2016.07.05 2016가합100858
지상권 설정등기절차 이행청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are pro-sons born between the network C and the network D.

B. On December 4, 1970, the Defendant completed the registration of ownership transfer under the name of the Defendant with respect to the land listed in attached Table 1 (hereinafter “instant land”).

C. On December 27, 1975, the Plaintiff constructed a building listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant land.

On November 12, 1981, the defendant made the provisional registration of this case to the plaintiff on November 12, 1981, "the provisional registration of the right to claim the transfer of ownership stated in the claim of the principal lawsuit based on the "sale reservation" as to the land of this case.

E) On March 7, 2011, the Plaintiff completed the registration of initial ownership in the name of the Plaintiff with respect to the instant building. F. The Defendant filed a lawsuit against the Plaintiff for cancellation of the provisional registration of this case due to the extinguishment of the right to complete the purchase and sale reservation (the principal lawsuit) at the court 2014Gahap106869 (the principal lawsuit). Accordingly, the Plaintiff filed a counterclaim against the Defendant to implement the registration procedure for transfer of ownership to the instant land due to the expiration of the prescriptive acquisition period on the ground of the court 2014Gahap13578 (Counterclaim). In the instant lawsuit, the Plaintiff’s possession of the instant land was recognized as possession by the loan for free use, and the judgment was rendered in favor of the Defendant and the Plaintiff against the Plaintiff, and the said judgment became final and conclusive through the appellate court and the final appeal. [The grounds for recognition] There was no dispute, and the evidence Nos. 1 through 5, 1, 2, and 2 (including each number, hereinafter

each entry, the purport of the whole pleading

2. The plaintiff asserted that the building of this case was newly constructed on the ground of this case on December 27, 1975 and owned the building of this case until 20 years have elapsed since then.

The plaintiff occupied the land of this case for 20 years for the ownership of the building of this case, thereby acquiring by prescription the superficies on the land of this case.

3. (1) Determinations are made with respect to the land of others.

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