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(영문) 서울중앙지방법원 2017.05.10 2016가단5304495
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Seoul Special Metropolitan City was owned with the area of 2,898 square meters, and the ownership transfer registration was completed in the Defendant on January 6, 1990, and the area of 2,898 square meters before and after the Seoul Special Metropolitan City was 10,426 square meters following a change of land category and a merger. On August 18, 2016, the instant land was divided into the land on August 18, 2016 (hereinafter referred to as “land before subdivision”).

B. On October 10, 198, the Plaintiff completed the registration of ownership transfer as a cause of the sale on September 30, 1988 with respect to the building of 235 square meters and 266 square meters and EM, adjacent to the instant land.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (which include each number of evidence number)

2. The plaintiff's assertion and judgment

A. From October 198, 198, the Plaintiff purchased and possessed the land and buildings owned by the Plaintiff, and the part corresponding to the instant land was divided into the remaining part of the land before subdivision and the wall.

Since the Plaintiff occupied the land of this case as a mail of the above building and a toilet and a site for the building owned by the Plaintiff in peace and public performance with the intention of October 10, 1988, it has been occupied by the Plaintiff until now.

The land of this case, such as that the defendant did not actually use the land of this case and did not have been designated as administrative property, constitutes general property, not administrative property.

Therefore, inasmuch as the prescriptive acquisition of the instant land was completed on October 10, 2008 after the lapse of 20 years from the date of possession, the Defendant is obligated to implement the registration procedure for ownership transfer on October 10, 2008 for the instant land to the Plaintiff.

B. Article 7(2) of the State Property Act provides that “Administrative property shall not be subject to prescriptive acquisition, notwithstanding Article 245 of the Civil Act.” Since Article 6(2) of the Public Property and Commodity Management Act also provides the same provision, State property or Commodity Management Act.

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