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(영문) 창원지방법원진주지원 2020.12.30 2020가단441
소유권이전등기 청구
Text

1. The defendant is on the ground of the completion of the acquisition by prescription on December 24, 2001, with respect to the land size of 20 square meters in Busan-do, Busan-do.

Reasons

1. Basic facts

A. The instant land is owned by the Defendant, since the real estate related to the instant case is located in the Si-Gun, Cheongnam-do, Busan-do (hereinafter referred to as the “instant land”). Since all the real estate related to the instant case is located in the Si-Gun, Cheongnam-do, Busan-do, and thus, the following is the land owned by the Defendant.

On December 4, 1970, the Defendant completed the registration of ownership transfer with respect to E large scale 428 square meters, and on October 17, 201, the instant land was divided into E large scale 428 square meters.

B. On the same side of the instant land, F.F. 230 square meters (hereinafter “F.”) are located on the same side of the instant land, and the buildings listed in the attached Table (hereinafter “F-ground buildings”) on the F’s land are constructed.

G, the spouse of the Plaintiff, purchased F land on February 22, 1981, purchased F ground buildings on December 22, 1981, and completed the registration of ownership transfer in the name of G on F land and ground buildings on December 24, 1981.

C. G donated F land to the Plaintiff on July 9, 2013, and the Plaintiff completed the registration of ownership transfer on F land on July 12, 2013.

On the other hand, G bequeathed the F Ground Building to the Plaintiff on October 10, 2016, and the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the F Ground Building on December 27, 2017.

Plaintiff

The F-owned land and above-ground buildings are surrounding fences, and the land in this case and H-23 square meters (hereinafter “H land”) are located inside the wall.

[Reasons for Recognition] Evidence Nos. 1 to 13, Evidence No. 1 to 1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the instant land is located inside the fence, it is reasonable to view that G and the Plaintiff occupied the instant land.

B. Since G completed the registration of ownership transfer on F land and ground buildings on December 24, 1981, G is reasonable to view that at least from December 24, 1981, it occupied the instant land.

C. G: From December 24, 1981, around 2016.

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