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(영문) 부산지방법원동부지원 2016.09.22 2016가단200752
소유권이전등기
Text

1. The Defendant completed the period of prescription for acquisition by possession on December 31, 2015 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The plaintiff's assertion is the reconstruction project association whose total number of 833 households is members of the sectional owners of the apartment and commercial building located in the Busan Suwon-gu B, and the defendant is the executor of the Saman-gu, and is the owner on the register of each real estate listed in the separate sheet (hereinafter "each land of this case").

Each of the instant lands was possessed by the sectional owners of Cinst and D apartment (hereinafter “instant apartment”) with the intention of owning it for not less than 20 years, and each of the instant lands was acquired by the Defendant in 1979 and there was no change in its owner. As such, the period of prescription for the acquisition of possession was completed as of December 31, 2015, which was apparent after the occupancy of the instant apartment after January 1, 1996 by the occupants of the instant apartment.

2. Determination

A. Fact 1) The plaintiff is a reconstruction project association with five apartment units and annexed stores located in the area B of Suwon-gu, Busan and with the total number of 833 households of sectional owners as members of the reconstruction project area. On May 2, 2014, the plaintiff was delegated with all disposal rights, including the right to dispose of the housing located in the reconstruction project area and the right to use the site from the members of the above 83 households. 2) The defendant acquired the ownership of each land of Suwon-gu, Busan, J and K from the non-party H on May 9, 1979, and on June 11, 1979, the land of this case was partitioned into the land of this case from the land of this case.

On June 20, 1980, the Defendant subdivided the land of Suwon-gu, Busan among each of the instant lands into the above J land, and the land of Suwon-gu, Busan-do N in each of the instant lands into the above K land.

3) Of the instant land, L is the access road into which most of the instant land enters the Chion, and part of the land is used as the guard room of the Chion and the waste removal site. 4) Of each of the instant land, the amount of half of the land in question is the parking lot of Chion.

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