(영문) 대전지방법원 2015.05.15 2014나11671

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(영문) 대전지방법원 2015.05.15 2014나11671

토지인도

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1.The judgment of the first instance shall be modified as follows:

The defendant shall attach attached Form 1,570 square meters to the plaintiff, Hongsung-gun, Hongsung-gun.

Reasons

1. Judgment on the ground of the plaintiff's claim

A. The Plaintiff’s original father E owned the land of this case (hereinafter “instant land”). On January 26, 1981, E died on or around January 26, 1981, and the Plaintiff, his wife, succeeded to 8/80 shares of the instant land. The Defendant currently occupies part 1,269 square meters in the ship connecting each point of the attached drawing Nos. 1 through 19, and 1,269 square meters (hereinafter “the land of this case”) among the instant land, the fact that the Defendant is not in dispute between the parties, or is recognized by comprehensively taking account of the overall purport of the pleadings as to each point of Gap evidence No. 1 and Eul evidence No. 1 (including the serial number; hereinafter the same shall apply).

According to the above facts, the defendant is obligated to deliver the part of the land of this case to the plaintiff seeking the delivery as a preservation act as one of co-owners of the part of the land of this case, unless there are special circumstances.

B. Furthermore, the Plaintiff seeks to transfer to the Defendant the land of 301m2, which was connected in order to each point of 1, 19, 18, 17, 16, 15, 20, 21, 22, 23, and 1, in the attached Form No. 1, 19, 18, 17, 16, 15, 20, 21, 22, 23, and 23, among the land of this case, to the Defendant, by asserting that the land of 301m2 is possessed by the Defendant. However, the entries and images of the evidence No.

2. Judgment on the defendant's assertion

A. As to the claim on the completion of the statute of limitations for possession, the Defendant asserts that the statute of limitations for possession has expired by occupying the above land in peace and openly and with intent to own it for over 20 years since the Defendant purchased the land of this case from F, the husband of the Plaintiff on February 25, 1990.

(2) The judgment (A) is to recognize the prescriptive acquisition of part of one parcel of land.

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