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(영문) 제주지방법원 2015.01.16 2013가단17628
소유권이전등기
Text

1. The Defendant, among the area of 1,048 square meters prior to C in Jeju, shall each include indication 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. Basic facts

A. 1,048 square meters prior to Jeju-si (hereinafter “instant land”) owned by D on April 1, 1978, and the Defendant acquired ownership on December 30, 1993.

On the other hand, on December 3, 1973, the ownership transfer registration was completed in the G on December 3, 1973 with respect to 32 square meters (hereinafter “F land”) prior to the instant land.

B. Since around 1973, G resided on the F’s ground with support from the North Jeju-gun, and removed the bluice sap assessment house (13 square meters) on the F’s land. Since around 1974, G built the streke roof-shaped housing of approximately 45 square meters on the ground of the F’s land and the part of the “B” as indicated in the disposition of the instant land (hereinafter “the part of the instant land”).

C. On April 30, 1975, the Plaintiff purchased the instant land and unregistered land from G and its site, and resides there from that time thereafter.

[Ground of recognition] A, evidence Nos. 1 and 2, evidence Nos. 4 through 8, on-site inspection results, results of a survey appraisal commission, witness D and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserted that the part of the land in dispute was completed by prescription on May 1, 1995 when 20 years have passed since G purchased the land in dispute from D, the former owner of the land in this case, and newly constructed the house in this case, and sold it to the plaintiff with F land and the house in this case, and the plaintiff occupied it from that time to that time with its intention to own.

In regard to this, the defendant submitted as evidence that the plaintiff purchased the part of the disputing land from G from G, and made a false ex post facto statement, such as the seller's name is written in error, and G did not purchase the part of the disputing land, and further, the plaintiff F.

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