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(영문) 춘천지방법원 2016.02.18 2015나2878
소유권이전등기
Text

1. The plaintiff's selective claims that are changed in exchange from the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of this court concerning this part of the facts admitted is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. On November 19, 1973, the real estate of this case and the surrounding land of this case were purchased in the name of D, and completed the registration of ownership transfer on the surrounding land of this case, while the Plaintiff’s claim D’s transfer of ownership was continued to reside on the ground of this case’s real estate without completing the registration of ownership transfer due to the unregistered relation.

Meanwhile, around 1986, the Plaintiff lent KRW 8,00,000 to D’s parents. D, around December 1989, transferred the ownership of the instant real estate and its neighboring land to the Plaintiff instead of paying the debt, and the Plaintiff completed the registration of ownership transfer along with the instant real estate unregistered. Ultimately, around 197, the registration of ownership transfer was completed only with respect to the surrounding land.

The Plaintiff resided in the instant real estate site from around December 12, 1989 for three years, and cultivated a yellow flag on the surrounding land of this case, and subsequently delegated H management. On August 31, 201, the Plaintiff sold all of this to H.

Therefore, the Plaintiff’s acquisition by prescription on December 31, 2009 with respect to the instant real estate was completed on November 27, 1993, when 20 years have elapsed since November 27, 1993, or since December 31, 1989, when 20 years have elapsed since the Plaintiff purchased the instant real estate from D after purchasing the instant real estate, etc.

B. According to the video of the evidence Nos. 5 and 6, the fact that the real estate of this case is surrounded by the surrounding land of this case can be recognized.

In this context, D.

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