logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.08.02 2018가단3437
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On January 18, 1994, the Plaintiff purchased a public bath building E on the ground of Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul Metropolitan City, from the D Saemaeul Association, and on January 18, 2018, the acquisition by prescription for possession of the instant land was completed on January 18, 2014, by continuously occupying the instant land with the intention of possession after purchasing the land of 165 square meters in part of “bb” portion inside the ship (hereinafter “instant land”), which connects each of the instant items in sequence, with the intention of possession.

Therefore, the defendant asserts that the plaintiff is obligated to complete the registration of transfer of ownership on January 18, 2014 with respect to the land in this case.

In regard to this, the defendant, as of January 18, 2014, at the time of completion of the acquisition by prescription of the land of this case, is K non-real estate trust company, and the defendant is a new interested party who acquired the ownership of the land of this case on December 22, 2017, and thus, the plaintiff's claim against the defendant should be dismissed in an unlawful manner. Thus, in the lawsuit for payment, the plaintiff's standing as the party to the claim itself is nominal, and the judgment is added to the judgment of propriety of the claim, so the claimant of his claim for payment is the plaintiff and the person asserted as the obligor becomes a legitimate defendant (see Supreme Court Decision 88Meu26499, Jul. 25, 1989), so long as the plaintiff claims against the defendant for the registration of transfer of ownership due to the above reasons, the defendant's defense prior to the merits is without merit.

Furthermore, as to whether the Plaintiff continued to occupy the instant land for 20 years after purchasing the instant land from the D Saemaeul Association on January 18, 1994, the descriptions and images of the health room, Gap evidence 1 through 9 are alone.

arrow