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(영문) 서울북부지방법원 2018.11.09 2017가단112604
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of Seongbuk-gu Seoul Metropolitan Government 1,029 square meters, each point of the attached Form 20, 21, 22, 23, and 20 shall be indicated in the attached Form.

Reasons

1. Basic facts

A. On April 4, 2001, the registration of transfer of ownership in the name of the Plaintiff was completed on April 4, 2001 with respect to Seongbuk-gu Seoul Metropolitan Government 1,029 square meters (hereinafter “the instant one parcel of land”) owned by D and E.

B. On February 11, 1978, the registration of transfer of ownership in the name of the defendant was completed on February 10, 1978 with respect to the land adjacent to the land of this case 165 square meters in Seongbuk-gu Seoul, Seongbuk-gu (hereinafter “the land of this case”).

From around that time, the Defendant occupied the portion of 40 square meters and 24, 25, 26, 8, 27, 28, and 24 of the attached Form No. 20, 21, 22, 23, and 20 of the land of this case among the land of this case, each point of which is 40 square meters and 24, 25, 26, 8, 27, 28, and 24.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional numbers), the result of the appraisal commission to the Seoul Vice-Governor of the Korea Land Information Corporation, the purport of the entire pleadings

2. According to the above basic facts, the defendant, the possessor of the land in this case, has the duty to deliver the above part of the land to the plaintiff, the owner of the land in this case. Accordingly, the defendant, from February 11, 1978, occupied the part of the land in this case, and thus, the prescriptive acquisition has been completed. The starting point for calculating the prescriptive acquisition period is the starting point of the possession, which serves as the basis for the prescriptive acquisition, in principle, unless the owner of the real estate is the same and there is no change in the title, the starting point for calculating the prescriptive acquisition period is the starting point of the acquisition, unless the owner of the real estate in this case is the same and the owner of the real estate in this case is the same, and the starting point for calculating the prescriptive acquisition period is the starting point at which the possession, which serves as the basis for the prescriptive acquisition begins. The party cannot arbitrarily choose the starting point, and if the third purchaser completes the registration of ownership transfer on the basis of the starting point, it cannot be asserted by the prescriptive

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