logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.28 2017가단5067892
소유권확인
Text

1. The Defendant shall pay to the Plaintiff KRW 10,36,670 and the interest rate of KRW 15% per annum from March 16, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The network D received the assessment on February 25, 1912 on the Ulsan-gu Seoul Special Metropolitan City road 132 square meters (hereinafter “instant land”). On January 9, 1930, the deceased on February 25, 1912, and his deceased on January 9, 1930, and his deceased deceased’s deceased deceased E.

The deceased on August 17, 1936, and his deceased deceased and succeeded to the deceased deceased deceased deceased deceased F.

B. On February 16, 1925, the deceased on August 17, 1936 and the deceased deceased on February 17, 1936, the deceased deceased and his deceased deceased deceased deceased deceased and thereby inherited by his deceased deceased net F.

C. The deceased on June 9, 2007, and his co-inheritors died, their co-inheritors held the instant Nos. 1 and 2 land on March 15, 2017, and agreed on the division of inherited property. D.

The land category of the instant case was changed from October 14, 1919 to a road. The land category of the instant case was changed from November 5, 1956 to a road.

In addition, each of the above lands is provided for the general public traffic as a road after the change of each land category, and the defendant occupies and manages it.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 2 and 3 (including additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, as the road management authority, occupies and uses each of the instant land as a road. As long as there is no legitimate source of possession right, the Defendant is obligated to pay the Plaintiff, the heir of the instant land, the amount equivalent to the rent from April 1, 2012, which was calculated as of the time of filing the instant lawsuit, to the date on which the Defendant’s possession of each of the instant land was terminated or the date on which the Plaintiffs lost their ownership was forfeited, as

3. Determination of the defendant as to the land No. 1 of this case

A. The gist of the claim is that the Defendant occupied the instant land in peace and openly with the intention to own it for at least 20 years, and the prescriptive acquisition was completed.

(b).

arrow