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(영문) 대구지방법원 2019.01.08 2018가단12992
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. After purchasing on February 6, 1989 the land and its ground buildings in Daegu Jung-gu, Daegu-gu, the Plaintiff resided with his/her family members, and had been indirectly occupied by leasing them to another person for about 10 years prior to the lease.

B. The registration of ownership transfer was completed on July 27, 2005 on the ground that E completed the registration of ownership transfer due to a gift made by July 27, 2005, located in Daegu China, which is adjacent to the above land.

C. There is no boundary between the land owned by the Plaintiff and the land owned by the Defendant and the building on the ground below one roof.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. The plaintiff asserted and determined that among the land owned by the defendant, the portion of "A" in the attached Form 1, 2, 3, 4, and 1 among the land owned by the defendant was used as the site of the building owned by the plaintiff, and since the acquisition by prescription was completed on February 5, 2009, the defendant is obligated to transfer ownership to the plaintiff. However, as seen earlier, the land owned by the plaintiff and the land owned by the defendant are adjacent to each other, and the building on the ground is located below one roof, and the evidence submitted by the plaintiff alone is insufficient to recognize that the land owned by the plaintiff is located on part of the land owned by the defendant and that the plaintiff occupied and used the land as owned by the plaintiff, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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