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(영문) 창원지방법원 통영지원 2017.01.10 2015가단25159
소유권이전등기
Text

1. The defendant shall give order to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached list.

Reasons

Basic Facts

On September 22, 1994, the Plaintiff purchased 174 square meters in Clue City, Madro, C, 174 square meters (hereinafter “Plaintiff’s land”) and the Plaintiff purchased 17.68 square meters in a single-story neighborhood living facilities, 197.68 square meters in light of the land, gold-frame, steel-frame, steel-frame, steel-frame, steel-frame, and roof, and completed the registration of ownership transfer on the same day.

The Defendant is the owner of D 33 square meters (hereinafter referred to as “Defendant’s land”) in a luxing 33 square meters adjacent to the Plaintiff’s land.

The defendant's deceased E acquired the ownership of the above land on September 5, 1992, and the defendant inherited it on December 13, 2006.

Some of the buildings in dispute are constructed on the ship's "B" portion (hereinafter referred to as "land in dispute") that connects each point of the attached Table 1, 2, 3, 4, and 1 among the Defendant's land in sequence.

【Ground for recognition”-free facts, Gap 1, 2, 3, 4, and 5, and a building based on generally accepted social norms as to the cause of a claim for the entire pleadings cannot exist regardless of the relevant site. Thus, the land which became the site for the building shall be deemed to be occupied by the owner of the building.

(2) In light of the above legal principles, the Plaintiff’s possession of the disputed land from September 22, 1994, which began to own a building in dispute, is presumed to have occupied the land in dispute, which is its site. Such possession by the Plaintiff is presumed to have occupied the land in dispute by his/her intention (Article 197(1) of the Civil Act). Accordingly, the Plaintiff acquired the land in dispute by prescription on September 22, 2014, when the period from September 22, 1994, when the period from September 22, 2014, when the period of possession was elapsed.

Therefore, the defendant, who is the owner of the land in dispute, is obligated to implement the registration procedure for transfer of ownership on September 22, 2014 with respect to the land in dispute to the plaintiff.

The defendant's assertion as to the defendant's argument is the possession of the plaintiff for the following reasons.

① The Plaintiff is the Defendant from December 2005 to ten years.

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