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(영문) 서울중앙지방법원 2016.09.28 2015가단5294300
소유권이전등기
Text

1. The Defendant connects the Plaintiff each point of the attached drawings 1, 2, 5, 6, and 1 among the 29m2 in Seoul Special Metropolitan City, Gwanak-gu.

Reasons

1. Facts of recognition;

A. D completed the registration of ownership transfer by the Seoul Central District Court No. 47717, July 25, 1983, with respect to F 149 square meters with respect to F 149 square meters in Seoul Special Metropolitan City E (hereinafter “E”).

B. D, upon obtaining a construction permit on May 9, 1984, started construction of a new house on the ground of the above land with the brick slves crisis and the 2nd roof, and obtained approval for the use of the house on September 25, 1984 (hereinafter “instant house”), Seoul Central District Court No. 3555, Feb. 4, 1985 (hereinafter “instant house”).

C. The Plaintiff purchased the instant housing and land from D on April 7, 2004, and completed the registration of ownership transfer as Seoul Central District Court No. 25712, May 31, 2004.

The defendant completed the registration of transfer of ownership on February 5, 1968 as the receipt No. 3190 on February 5, 1968.

E. Of the area of 29 square meters in Seoul Special Metropolitan City, the fence and inside of the instant house are mazed on the ground of the area of 18 square meters in sequence of drawings 1, 2, 5, 6, and 1 of the attached Form among the area of 29 square meters in Seoul Special Metropolitan City.

(hereinafter referred to as “the part over the boundary of this case”). [Ground for recognition] / Each entry of Gap’s evidence 1 through 4, images of evidence 5, the purport of the whole pleadings.

2. The possessor is presumed to have occupied in good faith and in a public performance by his own will (Article 197(1) of the Civil Code). The successor to the possessor may at his option assert only his own possession or at the same time assert either his own possession or that he has also occupied it.

(Article 199(1) of the Civil Act. In a case where, in purchasing or acquiring land, a purchaser believed that part of the adjoining land belongs to the land he/she purchased or acquired and occupied a part of the adjoining land by mistake because the purchaser does not accurately check the boundary line with the adjoining land and believed that it belongs to the land he/she purchased or acquired, the possession of a part of the adjoining land shall

(see, e.g., Supreme Court Decision 99Da58570, Sept. 29, 2000). We examine the fence of the instant housing.

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