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(영문) 제주지방법원 2020.11.05 2019가단61801
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) shall return to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) in Seopo-si C orchard.

Reasons

Facts of recognition

The following facts may be acknowledged in full view of the fact that there is no dispute, the evidence submitted by the plaintiff and the defendant was examined by the court as a result of on-site verification D and the purport of the entire pleadings.

Around November 11, 1996, the Defendant’s set up a house on F land in Seopo-si, Seopo-si, Seopo-si, Seopo-si, 199, and thereafter, the part on which the Defendant’s set up a house was located was divided into Flupo-si, Seopo-si, Flupo-si, 270 square meters (hereinafter “Plaintiff’s land”); and the remainder into C orchard 212 square meters (hereinafter “Defendant’s land

The network E sold the Plaintiff’s land and its ground housing to G on August 16, 199, and G sold it to H on June 27, 2002. The Plaintiff purchased the Plaintiff’s land and its ground housing from H on May 30, 2016 and completed the registration of ownership transfer.

On the other hand, with respect to the Defendant’s land, the Defendant completed the registration of ownership transfer on June 25, 2019 due to inheritance by agreement division as of October 26, 2015.

Plaintiff

Land and the Defendant’s land are surrounded by a stone shed with a height of 60 cm as shown in the annexed Form 1, and the stone axis is installed on the Defendant’s land along with the line connecting each point of the annexed Form 5 through 13, and the annexed Form 1 “B” is packed in cement.

Plaintiff

Land and the boundary of the Defendant’s land have such facilities as “A” (the part left from among the photographs attached to the boiler room and the verification report, the part left from among the photographs attached to the verification report), “B” (the part left from among the photographs attached to the verification report), and “C” (the left independent building among the 7 photographs attached to the toilet and the verification report) as shown in the attached Form 2. The ground for filing a claim as to the claim was from August 16, 1999, when G acquired the ownership of the Plaintiff’s land and the land on the ground thereof, and from August 16, 1999, the possession of “A” or “B” (the Plaintiff’s assertion is 25 square meters and the Defendant is 22 square meters) was commenced, and the acquisition by prescription was completed on August 16, 2019, since the Plaintiff succeeded to the possession from all occupants.

Therefore, the defendant is against the plaintiff.

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