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(영문) 서울중앙지방법원 2020.08.18 2019가단43024
소유권이전등기 청구의 소
Text

1. The Defendant made the Plaintiffs on the ground of the completion of the prescriptive acquisition on December 2, 201, with respect to three square meters in Dongjak-gu Seoul Metropolitan Government.

Reasons

1. Facts of recognition;

A. D completed the registration of ownership transfer on November 24, 1979 with respect to the buildings and its ground lots in Dongjak-gu Seoul Metropolitan Government, Seoul, for which the registration of ownership transfer was completed. Since then, D removed existing buildings on the above land, built the building on the wall sloping roof, and obtained approval for use on December 2, 1991, and completed the registration of ownership preservation on May 29, 192.

B. F was donated from D on May 4, 2004 the above E large scale 86 square meters and its ground buildings, and F completed each registration of ownership transfer on May 6, 2004.

C. On September 10, 2009, the Plaintiffs purchased from F the above E large-scale E-6 square meters (hereinafter “Plaintiff-owned land”) and the above ground buildings (hereinafter “Plaintiff-owned building”). On October 30, 2009, the Plaintiffs completed the registration of ownership transfer as to one-half shares of each of the above land and buildings.

On the other hand, the land owned by the Plaintiffs is connected to the land owned by the Defendant, Dongjak-gu Seoul Metropolitan Government, Seoul (hereinafter “instant land in dispute”) and the said land in dispute is connected to G, and a fence (hereinafter “instant wall”) is installed on the boundary of the said land in dispute and the said G land.

E. D, from December 2, 191, upon obtaining approval for the use of the building owned by the Plaintiffs, occupied D, F, and the Plaintiffs, by using the instant dispute’s land as a passage inside the fence of the instant case, from December 2, 191 to the present.

[Ground of recognition] Facts without dispute, Gap's statements or images, Gap's statements, Gap's 1, 2, 3, 5, 6, 7, 10, 11, 12 and 13, Eul's evidence 1 through 5 (including branch numbers, if any), inquiry results on the chief of the Korea Land Corporation's Young-gu branch office in Young-gu, Korea Land Corporation, and the purport of the whole pleadings, as a whole.

2. In purchasing or acquiring the land determined as to the cause of the claim and commencing possession, if the purchaser does not regard as accurately confirming the boundary line with the adjacent land, and if the purchaser is believed by mistake to belong to the land he/she purchased or acquired, it shall be deemed that it belongs to the land he/she purchased or acquired

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