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(영문) 청주지방법원 2014.06.17 2014가단151366
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is an owner of the area of 1,402 square meters in Yeongi-gu, Chungcheongnam-gu, Chungcheongnam-gu.

The defendant is the owner of the land indicated in the attached list abutting on the land owned by the above plaintiff.

B. On May 24, 1989, the Plaintiff purchased the land C, D, E, and its ground buildings in the Soak-gu, Soak-gu, Chungcheongnam-si.

(E) The part of “A” written in the claim was part of the Plaintiff’s land at the time of purchase.

The Plaintiff, as a matter of course, thought that the above part “A” is owned by the Plaintiff, and used the said part as an access road to the Plaintiff’s building by packing the gravel, and then.

C. However, due to the change of the land survey method (the change of control point), the boundary line of the land owned by the Plaintiff and the land owned by the Defendant was closely connected to the land owned by the Plaintiff, thereby constituting the land owned by the Defendant.

The plaintiff became aware of the extension of the building owned by the plaintiff and the completion inspection.

The extended building owned by the plaintiff did not complete the completion inspection on the ground that the extended building affected the "A" part.

However, the part of the building that invaded “A” is not an extended part, but a part of the building originally existed.

The original building was legally approved for use in 1981.

This shows that the “A” portion was a part of the Plaintiff’s land originally owned.

E. Therefore, the Plaintiff acquired the Plaintiff’s land from May 24, 1989 and occupied the land, including the above part A, in a peaceful and public performance manner with the intent to own the land for twenty (20) years from May 24, 1989, and acquired the ownership of “A” portion upon the completion of the prescriptive acquisition on May 23, 2009.

Since the plaintiff can exercise the right to claim ownership transfer registration following the completion of the prescription period for possession acquisition, the defendant is obligated to implement the procedure for ownership transfer registration as to the above part A.

2. Determination

A. First, the above “A” is “A.”

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