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(영문) 부산지방법원 2016.09.27 2015가단82319
소유권이전등기등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On November 29, 1982, the network D purchased approximately 135 square meters (hereinafter “Plaintiff’s land”) in Geumcheon-gu, Busan and completed the registration of transfer of ownership on December 2, 1982. At the time of the purchase, the network D purchased the land as the same as the Geum-gu, Busan and 20 square meters (hereinafter “instant land”). However, the ownership transfer registration was not completed.

B. On December 2, 1992, the network D newly constructed a second floor building on the Plaintiff’s land and the instant land (hereinafter “Plaintiff’s building”) and occupied the instant land for at least 20 years from that time. As such, the prescriptive acquisition on the instant land was completed.

C. Therefore, Defendant B is obligated to implement the registration of transfer of ownership on the instant land to the Plaintiff, a sole heir of the network D, by prescription. Defendant Republic of Korea is obligated to cancel the registration of seizure made on August 12, 1976 under the receipt of No. 45428.

2. On the other hand, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff purchased the land in this case and occupied it for not less than 20 years, and there is no other evidence to acknowledge this otherwise. Thus, the first Plaintiff’s assertion on a different premise is without merit without further review.

(1) In light of the results of the appraisal commission made by the Korea Land Information Corporation, the land of this case is a road part and is only used as part of the entry part of the Plaintiff’s land. Therefore, it is difficult to deem that the Plaintiff exclusively uses and gains profit from the land). 3. Thus, the Plaintiff’s claim is dismissed as it is without merit. It is so decided as per Disposition.

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