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(영문) 서울중앙지방법원 2017.06.02 2016나76291
소유권이전등기
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. On October 27, 1992, the Plaintiff purchased the Dongjak-gu Seoul Metropolitan Government E large 257.8 square meters, and completed the registration of ownership transfer under the Plaintiff’s name on the grounds of the above sale on December 21, 1992, and thereafter, on September 28, 1994, the Plaintiff constructed a new building on the above land and completed the registration of ownership transfer under the Plaintiff’s name.

Plaintiff

B, on May 6, 2009, upon receiving 6/10 shares of the above 6/10 shares from the Plaintiff’s spouse, and on the same day, completed the registration of ownership transfer in the Plaintiff’s name on the ground of the above 6/10 shares of each 6/10 shares of the above 6/10 shares of the land and

(hereinafter referred to as “Plaintiff’s land” and “Plaintiff’s side building” of the entire building.

The Seoul Dongjak-gu Seoul Metropolitan Government D 134.5 square meters are adjacent to the Plaintiff’s land, and was owned by J from April 10, 1991, and the Defendant’s ownership was transferred in sequence on July 30, 2004, and April 18, 2008.

(hereinafter “Defendant’s land”). (c)

From December 21, 1992, the Plaintiff’s land on the part of the Plaintiff was formed in the form of including 31.3 square meters of land on the part of the Defendant’s land (hereinafter “the occupied part of this case”) connected in sequence of each point of 1, 2, 7, 5, 6, and 1 of the attached drawing among the land on the part of the Defendant’s land, unlike the cadastral map, in which the fence was acquired by the Plaintiff A.

The plaintiff's building is constructed on the land of the plaintiff and on the ground of the occupied part of this case.

[Ground of recognition] The facts without dispute, the entries or images of Gap's evidence 1 through 8 (including the paper numbers), the result of the commission of surveying and appraisal to the chief of the Korean Land Information Corporation in Yeongdeungpo-gu branch office in the first instance court, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion is the husband and wife, and at the time when the plaintiff acquired the plaintiff's land under the name of the plaintiff A on December 21, 1992, the occupied part of this case was known as part of the plaintiff's land and it was occupied in peace and openly with the intent to own the occupied part of this case for 20 years or longer since the commencement of the possession. Thus, since 20 years after December 21, 1992, the part of this case was occupied as part of the plaintiff's land

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