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(영문) 전주지방법원 2015.10.16 2015가단511
소유권이전등기
Text

1. The defendant is based on the completion of the prescription of possession on April 12, 1992 with respect to the land size of 348 square meters in Kim Jong-si in the case of the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) on April 1, 1972, the Plaintiff’s father D (one father E) and the Defendant purchased, from F on April 1, 1972, the purchase price of KRW 661 square meters in G G and two houses on the ground (with respect to all unregistered buildings, bonds, love bonds, and all unregistered buildings) from F to KRW 37 in the purchase price (D shall be KRW 21 in the00 and KRW 15 in the Defendant).

D on April 12, 1972, after paying the balance, the defendant moved into the debt with his family, and the defendant moved into the debt with his family.

(2) On February 5, 1979, the part of the debt collection was divided into C, 348 square meters, which was divided into the above G, G, 661 square meters, and the site for the debt collection was divided into H, 605 square meters, and the site for the debt collection was 257 square meters.

However, unlike the above residence part of D on September 8, 1979 and the defendant's above residence, the registration of transfer of ownership in the name of the defendant on the ground of sale on December 20, 1971 pursuant to Act No. 3094 on December 20, 197, and the registration of transfer of ownership in the name of D on the ground of sale on the same day was completed on December 20, 1971 pursuant to Act No. 3094 on December 20, 197.

(3) D died on July 25, 1989.

Even after D’s death, the Plaintiff continued to possess a debt-bearing building on the instant land (hereinafter “instant building”). On December 6, 2000, the Plaintiff completed the registration of ownership transfer on the ground of a division of inherited property agreement with respect to the said H large scale 257 square meters.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9 (including paper numbers), Eul evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

B. According to the above facts of recognition, the division of the above inherited property among D’s successors includes the division of the agreement on the building of this case, which is an unregistered building.

Therefore, the Plaintiff independently succeeded to the right to dispose of the building of this case.

Therefore, since D purchased and transferred the instant building on April 12, 1972, and occupied the instant land, which is the site, the Plaintiff succeeded to the possession for 20 years.

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