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(영문) 서울중앙지방법원 2016.06.10 2015가단5382788
소유권이전등기
Text

1. The defendant connects the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the land indicated in the attached Form to the plaintiff.

Reasons

1. Basic facts

A. On February 25, 1960, the original unemployment Co., Ltd. newly constructed a building with a building area of 477.65 square meters in the building area of 25-1 square meters in Jung-dong, Jung-gu, Seoul and 25-1 large 476 square meters in Jung-gu, Seoul, and 31-12 large 55.9 square meters in Jung-gu, Jung-gu, Seoul, and 477.65 square meters in the building area of 31-12 large 5.9

B. On December 28, 1979, the Plaintiff purchased the instant building and two parcels of the said site from the original unemployment dispute resolution committee, and completed the registration of ownership transfer on December 31, 1979.

C. The site of the instant building is attached to the land indicated in the attached sheet, and the instant building was constructed on the ground of (A) section of 1.8 square meters in line (hereinafter “instant land”) connected in sequence of each point of 1,2,3,4, and 1 of the attached sheet indicating the said boundary. D.

Attached Form

On April 29, 2010, the Defendant completed the registration of ownership preservation on the indicated land.

[Ground for recognition] Unsatisfy

2. According to the above facts of determination as to the cause of the claim, the plaintiff acquired the ownership of the building of this case on December 31, 1979 and owned it continuously for twenty (20) years thereafter, and occupied the land of this case as part of the site.

As the plaintiff is presumed to have occupied the land of this case in good faith, peace, and public performance in accordance with Article 197 of the Civil Code, it shall be presumed that the plaintiff had occupied the land of this case by the intention to own the land of this case, and barring any special circumstance, the plaintiff's acquisition by prescription for the land of this case by the lapse of December 31, 199 is completed.

3. Judgment on the defendant's defense

A. The defendant asserts that on December 21, 1999, the presumption of possession with autonomy was reversed or suspended by prescription, the plaintiff did not take any legal action that the real owner would normally have taken, such as filing of a civil petition or filing of an objection, even though the plaintiff received a disposition to impose indemnity on the land in question from the head of the Jung-gu Seoul Metropolitan Government.

B. The facts of recognition are as follows: Gap evidence 1, Eul evidence 2, and Eul evidence 5.

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