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(영문) 광주지방법원 2017.10.17 2016가단533042
소유권이전등기
Text

1. The Defendant is based on the completion of the prescriptive acquisition on August 28, 2016 with respect to the building listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On August 20, 1996, the Plaintiff completed the registration of transfer of ownership on the ground of sale by August 9, 1996, with respect to the area of 548 square meters in Gwangju Mine-gu, which was owned by C.

B. On August 28, 1996, the Plaintiff completed a move-in report with D large scale D large scale 548 square meters at his domicile in the relevant Gwangju Mine-gu, and thereafter, from that time to that time, the Plaintiff is residing in the building listed in the attached sheet (hereinafter “instant building”).

C. From around 1964, the instant building was approved for use. From that time, the Defendant entered the general building ledger of the instant building as its owner, and the Defendant completed the registration of initial ownership on December 27, 2016 in its own name.

[Ground of recognition] 3, 5, 6, 7, 9, 10, 11 of Gap's non-contentious facts, Gap's entries, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant purchased the instant building from E on January 1, 1996 and occupied the instant building with the intention of ownership from August 28, 1996, which is part of the instant building and its site, for 20 years or more. As such, the acquisition by prescription was completed around August 28, 2016 after the lapse of 20 years from August 28, 1996. Accordingly, the Defendant is obligated to implement the registration procedure for ownership transfer on August 28, 2016 with respect to the instant building on the ground of the completion of acquisition by prescription.

B. According to the above facts, the plaintiff continued to possess the building of this case from August 28, 1996 to 20 years. The possession is presumed to have been a peaceful performance according to the intention of ownership pursuant to Article 197(1) of the Civil Act.

Therefore, the Plaintiff acquired the instant building by prescription on August 28, 2016 after the lapse of 20 years from the date of commencement of possession, barring special circumstances.

Therefore, the defendant is liable to the plaintiff on August 28, 2016 for the building of this case.

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