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(영문) 서울중앙지방법원 2016.08.09 2015가단87927
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 3, 1974, C, the Plaintiff’s attached, acquired the ownership of 6.9 square meters in Jung-gu Seoul, Jung-gu, Seoul and 6.9 square meters in ownership on March 20, 1975, and on the 21st day of the same month, C died on July 9, 191, and C acquired the ownership of each of the above lands due to inheritance by agreement division.

B. On June 20, 1921, the Defendant acquired ownership of B large 28.8 square meters in Jung-gu, Seoul on the ground of expropriation.

다. 한편, 원고는 그 소유의 위 각 토지상에 세멘부럭조 목조창틀 루삥 지붕의 점포 건축물을 소유하고 있는데, 위 건축물은 별지 도면 표시와 같이 위 각 토지에 인접해 있는 피고 소유의 위 토지를 침범해 건축되어 있고 그 침범 부분은 같은 도면 표시 1, 2, 3, 8, 9, 1의 각 점을 순차로 연결한 선내 (가) 부분 8.5㎡이다.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 6, 10, and 11 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion: (a) purchased each of the above lands and buildings, acquired their ownership, and occupied them in peace and openly with the intent of ownership; and (b) after the death of C, the Plaintiff succeeded to the possession of C and occupied it in peace and openly as owner’s intent; and (c) accordingly, the period of prescription for acquisition of possession has expired 20 years after the commencement of the possession of C with respect

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of completion of the prescriptive acquisition with respect to the above part of the crime to the plaintiff.

B. According to the judgment, the above building owned by the Plaintiff is not opened with the registry, and there is no objective data that can be known about the time of the construction, the annual status of the building, etc., as the building ledger is not prepared. It is deemed that C, such as a sales contract, purchased the building on the ground other than each of the above land as seen earlier.

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