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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The recognition of the judgment on the cause of the claim is based on Gap evidence Nos. 1, 2, 5, 6, 9, 11, and 12 (including virtual numbers, hereinafter the same), the on-site inspection conducted by the court of the first instance, and according to the overall purport of the arguments, the following facts are acknowledged.
According to the airline margin (A No. 11) of the National Land Geographic Information Institute, on June 12, 1978, the building without permission (hereinafter “instant building”) existed on the surface of the area D. 52.9 square meters (hereinafter “instant land”) of the Mansan-gu, Jeonju-si, Jeonju-si as of June 12, 1978.
On March 31, 1982, the Plaintiff asserted that the Plaintiff purchased the instant land and building from C as the purchase price of KRW 2,240,400 as stated in the sale certificate (Evidence A9) at the first instance court. However, in the trial, the Plaintiff submitted a receipt (Evidence A12) from the seller to the effect that the remaining purchase price is KRW 12,00,000,000,000,000,000,000,000.
After that, the Jeonju District Court completed the registration of ownership transfer as the receipt No. 17525 of April 2, 1982 with respect to the land of this case.
The Defendant is the owner of 19.8 square meters (hereinafter “the adjoining land of this case”) in Yancheon-gu, Seoul Special Metropolitan City adjacent to the instant land.
The outer wall of the building of this case, which was connected in order to each point of (A) part of the attached Form 1, 15, 14, 4, 17, 18, 7, 8, and 15, 12, 13, 14, and 15 of the same drawings among the neighboring land of this case, is constructed by 0.4 square meters of the part (B) in the ship connected in order to each point of (a) part of 12 square meters and of the same drawings.
Judgment
According to the above facts, after purchasing the instant land and building on March 31, 1982 and completing the registration of transfer of ownership on April 2, 1982, the Plaintiff continues to possess the portion of the instant dispute as the site of the instant building until the date of closing of argument in the trial after completing the registration of transfer of ownership on April 2, 1982. The Plaintiff, an occupant, pursuant to Article 197(1) of the Civil Act, has occupied the land and building in