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(영문) 서울중앙지방법원 2017.03.10 2016가합18062
소유권이전등기절차이행청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 30, 1917, Gyeonggi-do Goyang-gun C Forest 8 (24,240 square meters, hereinafter “instant assessment land”) was under the circumstances of E with the domicile in Goyang-gun D.

B. The instant assessment land was divided into the Gyeonggi-do Goyang-gun F and G in 1913.

The said G Forest land was subject to registration conversion on October 11, 1918, and B B, and the registration of ownership preservation was completed on September 27, 1963, and thereafter, the land in which the purport of the claim was stated in the change of administrative district (hereinafter “instant land”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 to 9, the purport of the whole pleadings

2. The Plaintiff asserted that he purchased and delivered the instant land from H on May 9, 1979, along with the land of Soyang-gu, Seoyang-gu, So far, the Plaintiff occupied the instant land in a peaceful manner with its intent to own it for at least 20 years.

Therefore, since the acquisition by prescription for the possession of the instant land was completed on May 9, 199 after the lapse of 20 years from May 9, 1979, which was the starting date of possession, the Defendant, who is the registered titleholder of the instant land, is liable to implement the registration procedure for ownership transfer on the instant land to the Plaintiff on May 9, 199.

3. A claim for registration of ownership transfer on the ground of the completion of the prescription period should be filed against the owner at the time of the completion of the prescription period. If registration of ownership transfer or registration of ownership transfer is invalidated at the time of the expiration of the prescription period, in principle, the registered titleholder cannot become a party to the claim for registration of ownership transfer on the ground of prescription (see, e.g., Supreme Court Decisions 98Da59132, Feb. 23, 199; 2006Da64573, May 26, 2005). Meanwhile, a person registered in the Land Survey Book as the owner is presumed to have become a party to the claim for registration of ownership transfer on the ground of the acquisition of prescription period, unless there is any counter-proof such as the change in the content of the land by the

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