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(영문) 의정부지방법원 2016.11.18 2016가단1533
소유권이전등기
Text

1. In order to the Plaintiff, the Defendant indicated in the attached Form 1, 2, 3, 4, 5, 6, and 1 among the land size of 529 square meters in Gyeonggi-gun, Gyeonggi-do.

Reasons

1. Basic facts

A. On March 19, 1982, D, the father of the Plaintiff, completed each registration of ownership transfer on the ground of sale on March 18, 1982 with respect to the housing building of 145 square meters and its ground (hereinafter “instant housing building”).

After January 8, 1998, the Plaintiff completed the registration of ownership transfer based on the donation from January 6, 198 to the above site (hereinafter “Plaintiff-owned land”) and the instant housing building.

B. On April 20, 1990, the Defendant completed the registration of ownership transfer due to the sale on March 14, 1990, with respect to the Gyeonggi-gun, Gyeonggi-do, 529 square meters adjacent to the above D’s land (hereinafter “Defendant-owned land”).

C. Part of the fence and finishing part of the building of this case among the building of this case, the part of "bb" part of the building connected in order to each point of the attached drawing Nos. 1, 2, 3, 4, 5, 6, and 1 among the land owned by the defendant (hereinafter "the part of the dispute of this case") is invaded, and D is occupying and using the part of the dispute of this case from March 19, 1982 to January 6, 198.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including the number of branch offices)

2. Determination on the cause of the claim

A. According to the above facts, the Plaintiff succeeded to D’s possession of the part of the instant dispute from March 19, 1982, which was the date of possession of D’s instant dispute from March 19, 1982 to the date of the closing of argument in the instant case, is presumed to have occupied the part of the instant dispute, and the Plaintiff is presumed to have occupied the dispute in a peaceful and public performance manner by his own intent (Article 197(1) of the Civil Act). Therefore, the prescriptive acquisition for the part of the instant dispute was completed on March 19, 202 alleged by the Plaintiff. Thus, the Defendant, barring any special circumstance, takes the procedure for the registration of ownership transfer on the part of the instant dispute on March 19, 202.

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