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(영문) 수원지방법원 평택지원 2018.06.22 2017가단8413
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The land located adjacent to the sea (public waters) in Pyeongtaek-si F. 657 square meters on the cadastral record of basic facts (hereinafter “instant land”). The instant land and the sea were accumulated a stone axis for safety, and a part of the public waters adjacent to the instant land was stored on the ground based on the stone axis.

With respect to the instant land and the building of the second floor neighborhood living facilities above the ground, the Plaintiff completed the registration of ownership transfer by the Suwon District Court’s Eunpyeong Housing Site Board’s receipt on November 10, 2014 and the registration of ownership transfer by reason of sale as of October 28, 2014.

Meanwhile, prior to the Plaintiff’s acquisition of the instant land and the instant building, the public waters (hereinafter “the public waters of this case”) adjacent to the instant land were used as the finishing party to the instant land along with the instant land, and the Plaintiff currently uses the public waters of this case as the finishing party to the instant land’s land.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 through 4, Eul evidence 1, and the purport of whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion (1) is that public waters cannot be subject to prescriptive acquisition as public objects, but whether they are subject to prescriptive acquisition ought to be determined on the basis of the actual status rather than on the basis of public records.

However, since the current status of the public waters in this case is miscellaneous, it should be viewed as subject to prescriptive acquisition.

As such, since the acquisition by prescription of the Plaintiff’s possession on the public waters of miscellaneous land has been completed, the Defendants are obligated to implement the registration procedure for transfer of ownership to the Plaintiff.

(2) Even if it is based on public records, not on the current status, whether the instant land is subject to housework or prescriptive acquisition, it is adjacent to the instant public waters.

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