beta
Text
1. Revocation of the first instance judgment.
2. The Defendant also indicated in the attached Form 1, 2, and 2, among the land size of 195 square meters in Daegu Seo-gu, Seogu.
Reasons
1. Basic facts
A. On May 7, 198, the Plaintiff purchased from the Seoul Trust Bank the Daegu Do Daegu 100 square meters (hereinafter “Plaintiff’s land”) and its ground housing (hereinafter “Plaintiff’s housing”) on June 13, 198, and completed the registration of ownership transfer on June 13, 198. The Defendant completed the registration of ownership transfer on the land C adjacent to the above land (hereinafter “Defendant’s land”) and its ground housing (hereinafter “Defendant’s housing”) on August 26, 1982.
B. Annex 1, 2, 3, 4, and 1 of the attached appraisal map are included in the Defendant’s land. The portion of (i) part 15 square meters in the ship connected to each point of (i) the attached appraisal map is located on the line that connects the said appraisal map 2 and 3 from the time when the Plaintiff purchased the Plaintiff’s land, a fence for the Defendant’s housing is installed, and the outer wall of the Plaintiff’s housing is located on the line that connects the said appraisal map 1 and 4.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and images, the appraisal result by appraiser E, the purport of the whole pleadings
2. Determination as to the cause of action
가. 당사자의 주장 요지 원고는, 이 사건 계쟁토지가 원고 토지에 포함된 것으로 알고 원고 토지 및 주택을 매수하여 이를 샌드위치 판넬로 된 창고 부지 및 주택의 뒤꼍으로 사용하여 왔고, 이 사건 계쟁토지에 관하여 원고가 점유를 개시한 1988. 6. 13.부터 20년이 경과한 2008. 6. 12. 점유취득시효가 완성되었으므로, 피고는 원고에게 소유권이전등기절차를 이행할 의무가 있다고 주장한다.
In regard to this, the defendant used the land in this case as a passage to the defendant's house, and the plaintiff installed, around 200, a warehouse consisting of a sand site board without permission on the land in this case. Thus, the plaintiff has not occupied the land in this case for not less than 20 years as its owner's intention.