logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.28 2020나76470
시효취득에 의한 소유권이전등기절차이행
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of appeal: Defendant.

Reasons

1. The reasoning of the judgment of the court of first instance regarding the instant case is as stated in the reasoning of the judgment of the court of first instance, except for partial revision or addition as follows. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. (1) Under the fourth page of the judgment of the first instance, the part of the Plaintiff’s amendment or addition, “from around 1963 to around 1963, the said building was occupied by the Plaintiff’s father after constructing the instant building No. 1 on the road in the dispute part of the instant case around 1963, and the Plaintiff acquired it by inheritance after the said I died.”

(2) Under the 4th page of the judgment of the first instance, the plaintiff asserted that the part of the first case was removed, while constructing the second building of this case on the side of the first case, and that it was merely that the first building of this case was entirely destroyed and lost on April 1991 in the building ledger of this case (refer to the evidence No. 14). The plaintiff asserted that since around that since around that time, the first building of this case was destroyed and lost on the building ledger of this case (refer to the evidence No. 14), the plaintiff continued to possess the road of this case as the plaintiff owned the first building of this case, etc., and that it was merely that the part of the first case of this case was removed while constructing the second building of this case on the side of the first case of this case.

The following circumstances revealed by the evidence and the purport of the entire pleadings, namely, ① the first building of this case is located in H land and appears to have been mistakenly registered in the building ledger (it is presumed that the Plaintiff and the Defendant were aware that the building of this case was located in H land). ② After the Plaintiff acquired H land, the second building of this case was newly constructed on the ground, and the part of the building of this case 1 that had been located over H land was demolished in the process.

arrow