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(영문) 청주지방법원 영동지원 2018.06.22 2017가단3832
소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Of the land size of 561 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongbuk-gun, 561 square meters, indication 6, 10, 11.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 19, 1979, the Plaintiff completed the registration of ownership transfer with respect to D, 349 square meters (E large 118 square meters are merged on August 11, 1989), and the Defendant is the owner who completed the registration of ownership transfer with respect to D, 349 square meters (hereinafter referred to as “Fri-ri land”).

B. On the ground of D, there was a single-story house newly built in around 1931, but the Plaintiff extended the building listed in the attached list on the ground of the above land on December 26, 1989, and completed registration of preservation of ownership on May 17, 2007.

On the other hand, part of the above building is on the ground of the type 3 of the ship which connects each point of the attachment No. 6, 10, 11, 12, and 6 among the land C.

C. Among land C, a fence is installed on the boundary line that connects each point of the 1 and 7 points in the annexed drawing Nos. 1 and 7. Of the above land, there is a warehouse installed by the Plaintiff on the 12 square meters in the part of the annexed drawing Nos. 13, 14, 15, 16, and 13 successively connected each point of the above land.

Around November 2016, the Defendant confirmed that the building listed in the separate sheet was affected by C’s land through a boundary survey, and installed iron pents around March 2017 at the boundary connecting 1,10 of the separate sheet No. 1,000.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 2, 5 through 7 (including additional numbers), the appraisal result of the Korea Appraisal and Land Information Corporation, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that he owned the land of this case, while occupying the land of this case adjacent to the Plaintiff, occupied the land of this case as owned by himself, and the Plaintiff was succeeded to the possession of the land of this case with the land of this case from the fleet.

On the other hand, the plaintiff extended buildings listed in the separate sheet on the ground of inherited D's land from December 26, 1989 to December 25, 2009 and completed the prescriptive acquisition by occupying the land in the instant case in a peaceful and public manner. Thus, the defendant is the plaintiff.

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