logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.01.12 2015가단114409
토지인도
Text

1. The Defendant indicated in the attached Form 17, 5, 6, 7, 26, 25, 24, 23, 22, 21, 20, 19, 18, and 17, 20, 30,000 square meters in the attached Form 80,000 for the Plaintiff.

Reasons

1. Facts of recognition;

A. D on January 24, 2003, the Plaintiff and his spouse purchased 1/2 shares of each of the land of 214 square meters in Jung-si, Jung-si, Seoul, and completed the registration of transfer of each of the above shares on February 7, 2003.

B. On May 3, 2007, the land of Dongcheon-si, E 199 square meters, and the Flux 393 square meters on December 29, 2010, were combined, respectively, and the land of Dongcheon-si was 806 square meters in size in Dongcheon-si (hereinafter “instant land”).

C. On May 30, 2014, D completed the registration of transfer of shares in the name of G, a child, on the ground of the donation made on April 1, 2014 with respect to his/her share among the instant land, and G completed the registration of transfer of shares in the Plaintiff’s name on September 16, 2015 with respect to the said share on September 16, 2015.

The Defendant completed the registration of ownership transfer on August 16, 1976 with respect to H 60 square meters, on the ground of sale as of August 13, 1976. On December 29, 2003, the Icheon-si Ix 250 square meters were merged into H land above the Icheon-si on December 29, 2003, and the H 448 square meters (hereinafter “H land in this case”).

E. The instant land and the instant H land are connected, and the Defendant currently occupies a part of 48 square meters in the ship (B) connected in order to each point of the attached table Nos. 17, 5, 6, 7, 26, 25, 24, 23, 22, 21, 20, 19, 18, and 17 among the instant land C (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, the result of a request for surveying and appraisal to the Vice Governor of the Korean Land Information Corporation, the purport of the whole pleadings

2. According to the above facts, the defendant, the possessor of the land of this case, is obligated to deliver the land to the plaintiff, the owner of the land of this case, unless there are special circumstances.

Since the Defendant acquired the instant H land around August 16, 1976, the Defendant occupied the instant land in peace and openly with the intent to own the instant H and the instant land for 40 years. As such, the acquisition by prescription for possession of the instant land was completed, and accordingly, the Defendant occupied the instant land.

arrow