logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.11.19 2013가단32478
소유권확인 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In Kimhae-si, Elux 529 square meters (hereinafter “E land before division”), the Defendant owned F. The Defendant completed the registration of ownership transfer on April 16, 1985 with respect to the share 248/529 among them.

B. After that, G completed the registration of ownership transfer on December 23, 1992 on the grounds of inheritance by agreement or division with respect to F 281/529 shares of E in the land before the division.

C. On August 18, 1998, the land E before subdivision was divided into the E large scale 281 square meters (hereinafter “E land”) and D large scale 248 square meters (hereinafter “D land”), and on August 19, 198, the land B was owned by G alone, and the land D was registered as owned by the Defendant solely for the land.

On the other hand, H completed the registration of ownership transfer on April 6, 2007, and the plaintiffs completed the registration of ownership transfer on October 4, 2010 each 1/2 portion.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 7 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiffs' assertion G newly constructed a house on the land of E in January 1993 and used a part (B) of 20 square meters connected in order to each point of the attached Form No. 3, 4, 5, 11, 10, 9, 8, and 3 among the land of the attached Form No. 4, 5, 10, 10, 9, 8, and 3 (hereinafter "the land in dispute of this case") as a passage and as an access to the land of this case.

Since then, the plaintiffs acquired ownership and succeeded to the possession of G through H, and have been indirectly occupied through G residing in the above house until now.

Therefore, the acquisition by prescription of the plaintiffs on January 1, 2013, which was 20 years from the commencement of possession by G, was completed.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the land in the dispute of this case to the plaintiffs on the ground of completion of prescription.

B. Possession of the judgment thing is below the factual control of any person in light of social norms.

arrow