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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The defendant is the owner who completed the registration of ownership transfer on March 17, 1998 with respect to the area of 83 square meters in Gyeyang-gu, Gyeyang-gu.
D. Around that time, D completed the registration of ownership transfer on April 8, 198 with respect to 40 square meters adjacent to the above land, and completed the registration of ownership transfer on April 8, 198, and sold a building (hereinafter “instant building”) on the instant land and E’s land among land C, which was owned without completing the registration, to F on June 9, 2004. The F completed the registration on E’s land only on June 28, 2004.
After that, on October 7, 2014, F re-sales land and its ground buildings to the Plaintiff, who is his/her father, and the Plaintiff also completed the registration of land E on October 15, 2014.
【In the absence of dispute, the Plaintiff’s assertion F, and D owned the instant building to the effect that it owned the instant land, and occupied the instant land in a peaceful and public performance. Since the prescription period for the acquisition of possession was completed on December 17, 2014, the period from December 17, 1994, 20 years since the Plaintiff succeeded to such possession in a successive order, the Defendant is obligated to implement the registration procedure for the transfer of ownership on the instant land to the Plaintiff on December 17, 2014.
B. In general, a person who intends to construct a new building on his own site is ordinarily going further to construct a building after confirming in advance the location and size of the part of the site where the building site is built by drawing, etc., so it is reasonable to view that the owner of the building in question was aware of the fact that the building in question was built by the owner of the building in question at the time of the construction, in a case where the affected area exceeds the ordinary degree of error in construction, and exceeds the considerable degree of error in construction, and the building in question is caused by the intrusion.