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(영문) 청주지방법원제천지원 2019.03.06 2018가단653
점유취득시효완성으로 인한 소유권이전등기
Text

1. Defendant C is in each of the following points: (a) No. 15 to 19, 42, 43, and 15 of the Map No. 1 among the land size No. 2,366 square meters in Incheon City E-si.

Reasons

1. Determination as to the claim against Defendant D

A. On March 8, 2011, the Plaintiffs to be indicated in the claim purchased from Defendant D 1/2 shares of 550 square meters each of the 550 square meters F incheon-si (hereinafter “F land”). Defendant D’s following on the subject matter of sale:

2.(c)

Of the 2,366 square meters of land E (hereinafter “E land”) as indicated in paragraph (1), the portion (B) and part (b) of the 23 square meters of land connected in sequence with each point of 15 through 19, 42, 43, and 15 attached Table 1 (hereinafter “the land in this case”) was also included in 15 through 19, 42, 43, and 15.

Therefore, Defendant D is obligated to implement the registration procedure for ownership transfer on March 8, 201 with respect to each of the instant shares of 1/2 of the instant land to the Plaintiffs.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against Defendant C

A. 1) As to land E, G, which was based on sale on June 25, 1965, and Defendant C completed the registration of ownership transfer based on donation on June 13, 2003, respectively. 2) As to land F, H was based on sale on December 9, 1985, and Defendant D completed the registration of ownership transfer based on donation on March 16, 199.

3) The Plaintiffs completed the registration of ownership transfer based on the sale as of March 8, 2011 with respect to 1/2 shares of each of the F land on March 31, 2011. [Grounds for recognition] Gap evidence Nos. 1 and 2 (including each number number), and the purport of the whole pleadings.

B. From December 9, 1985 to the land of this case claimed by the plaintiffs, the plaintiffs occupied the land in peace and public performance with the intention of H from December 9, 1985, and occupied the land of this case in peace and public performance with the intention of ownership by succeeding the possession of H on March 16, 199, and the prescription period for the acquisition of possession was completed on December 9, 2005.

The Plaintiffs purchased 1/2 shares of each of the instant land from Defendant D and caused the completion of the acquisition by prescription against Defendant C in subrogation of Defendant D.

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