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(영문) 춘천지방법원 2019.04.09 2018가단2199
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On January 9, 1957, I completed the registration of ownership transfer with respect to the area of 17,924 square meters prior to the Geumcheon-gun, Gangwon-gun, Gangwon-do.

On December 30, 1989, I divided H land into 7,69 square meters and 10,225 square meters before J in Seocheon-gun, Seocheon-gun, Seocheon-gun, J (hereinafter “H land”) and completed the registration of transfer of H land to K.

On March 8, 1990, I completed the registration of ownership transfer with respect to J land to the Plaintiff.

K completed the registration of ownership transfer of H land to the Rural Development Corporation on April 2, 1991, and the Rural Development Corporation completed the registration of ownership transfer of the land to L on August 8, 1991.

On August 25, 2014, L, the father of the Defendants, completed the registration of transfer of ownership with respect to H land on the ground of donation to Defendant B.

On December 30, 2016, Defendant B completed the registration of ownership transfer for each of H’s 1/13 shares out of H’s land to Defendant C, D, and Defendant E and F on January 11, 2017.

현재 이 사건 토지 부분 위에는 무허가 건물[별지 도면 표시 ㈐부분, 이하 ‘이 사건 건물’이라 한다)이 있다.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 3, Gap evidence 5-1, 2 (the same as Eul evidence 9, 10), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Around 1977, the Plaintiff’s assertion M newly constructed the instant building on the instant land portion.

On April 30, 1998, the Plaintiff purchased the instant building from M in around 1986, and moved to NAN adjacent to the instant land portion from the time on April 30, 1998, and occupied the instant land portion in peace and public performance with intent to own it for at least 20 years. As such, the Plaintiff acquired by prescription on April 30, 2018.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the instant land part to the Plaintiff on the ground of the completion of prescriptive acquisition.

3. The judgment of M around 1977 constructed the instant building on the instant part of the land and sold the said building to the Plaintiff.

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