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(영문) 서울중앙지방법원 2019.10.24 2017가합587121
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The F purchased from G on May 2, 1987 the H large 150 square meters (hereinafter referred to as “land”) of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, and completed the registration of ownership transfer on May 4, 1987.

B. On January 10, 1999, the Plaintiff purchased the above H land and the three-story buildings above H from F and purchased them for the same year.

4. 23. Each registration of the transfer of ownership was completed, and on June 10, 1997, he transferred his representative to H the head office address of I Co., Ltd. to H.

C. At present, there is an appraisal board, warehouse, and factory facility in the attached Form No. 2, (4), (6), and (8), which is part of the area of 175 square meters prior to C, and the attached Form No. 106 square meters prior to E, which is a part of the area of 106 square meters prior to E, is sealed on the floor.

[Reasons for Recognition] Unsatisfy, Gap's statements and videos (including each number in case of a tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff purchased H land and buildings on the H from F, together with B, C, and D land. From June 10, 1997, the Plaintiff occupied land B, C, D, and attached Form Nos. 10 (hereinafter collectively referred to as “each land of this case”) with its own intent to own and perform the appraisal by installing a temporary building (ware and factory facilities) and planting a stife and planting a stife by building a stife, and then packing a container on the floor.

Therefore, as of June 9, 2017, which was 20 years from June 10, 1997, the Plaintiff’s prescriptive acquisition of each of the instant land was completed, the Defendant is obligated to implement the procedure for the registration of transfer of ownership based on the completion of prescriptive acquisition to the Plaintiff.

3. Determination

A. A person who possesses real estate in peace and openly held for twenty (20) years as to possession of each of the instant land shall acquire the ownership by filing for registration (Article 245(1) of the Civil Act).

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