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(영문) 서울중앙지방법원 2021.01.28 2019가단5243102
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the Jung-gu Seoul Metropolitan Government B large-scale 86 square meters (hereinafter “instant land”).

B. On February 28, 1994, the Plaintiff purchased the land adjacent to the instant land in Jung-gu, Seoul and 294.2 square meters (hereinafter “the instant neighboring land”) and its ground buildings (hereinafter “the instant building”) respectively, and completed the registration of transfer of ownership in the name of the Plaintiff.

(c)

From the time when the Plaintiff purchased the neighboring land and the building of this case and completed the registration of transfer of ownership in the name of the Plaintiff, the Plaintiff occupied part of the land of this case owned by the Defendant to the present day, and occupied part 3.3 square meters in the ship (A) connected with each point of 1,2,3,4,5,6,000 square meters in sequence among the land of this case (hereinafter referred to as “the land of this case where the Plaintiff occupied the land of this case,” the part (A) connected each point of 1,2,3,4,4,5,6, and 1 in sequence among the land of this case where the Plaintiff occupied the land of this case, which was located in the possession of the land of this case). 【The ground for recognition】 Each entry or image of evidence Nos. 1 through 13 (including a number) of this case, and the purport of this Court entrusted the appraisal of the land of this case to the Vice Governor of the Korea Land Information Corporation and the purport of the entire pleadings as a whole.

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is as follows: (a) from February 28, 1994, the Plaintiff purchased the adjoining land and the building of this case and acquired its ownership, the Plaintiff occupied the part of the building of this case as part of the site or the building of this case and occupied it in a peaceful manner for at least 20 years with the intent to possess it as part of the building of this case, and thus, (b) the Defendant is obliged to implement the registration procedure for ownership transfer on the part of this case to the Plaintiff as part of the building of this case

B. The defendant's summary of the defendant's assertion is that the plaintiff invadeds the land of this case owned by the defendant and occupied the part of this case without permission after becoming aware that it occupied the part of this case.

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