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(영문) 창원지방법원거창지원 2020.10.20 2020가단11181
소유권이전등기
Text

The defendant shall keep the following points in order: 1, 13, 14, 12, and 1 of the attached drawings among the land size of 436 square meters in Gohap-gun, Chungcheongnam-do.

Reasons

Facts of recognition

A. The Defendant is the owner who completed the registration of ownership transfer on November 4, 1980 with respect to the land of 436 square meters (hereinafter “instant land”).

B. On June 10, 1981, the Plaintiff, a punishment, completed the registration of ownership transfer with respect to E large scale 208 square meters adjacent to the instant land, and owned it, and sold the said land to the Plaintiff on March 5, 1998. The Plaintiff completed the registration of ownership transfer with respect to the said land on April 21, 1998.

C. Before acquiring the ownership of the above land, the Plaintiff was installed with a wall (attached Form 13,14; hereinafter “instant wall”) located on the boundary of the land in this case and E, but the aforementioned wall was located on the part 38 square meters (hereinafter “instant part of land”) connected each point of the attached Table 1, 13, 14, 12, and 1 among the instant land owned by the Defendant. The Plaintiff acquired the ownership of the above E land, and occupied the instant part of the land inside the said wall.

[Ground for recognition] The judgment as to the cause of a claim without dispute is examined, and since from April 21, 1998, the fact that the plaintiff purchased the above E land and occupied the part of the instant land, which is the land located within the fence installed between the land of this case and the land of this case, from April 21, 1998, that the plaintiff occupied the land of this case. Thus, it is presumed that the plaintiff's possession of the land of this case shall be presumed that the plaintiff occupied the land of this case in a peaceful and public performance manner by his intention. Since the acquisition by prescription as to the above land of this case was completed on April 21, 2018 after the lapse of 20 years from April 21, 1998, since the acquisition by prescription as to the above land of this case was completed, the defendant is obligated to implement the ownership transfer registration procedure to the plaintiff on April 21, 2018.

In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

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