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(영문) 대전지방법원홍성지원 2016.05.04 2015가단8674
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. With respect to the land of this case, the owner was changed as follows with respect to the land of 196 square meters in Chungcheongnam-gun budget-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”).

On June 20, 2005, June 20, 2005, the registration date of the ownership transfer on April 18, 198, the owner of the registration date of the No. 1 ownership transfer on April 18, 198, and the sale of E 3 ownership transfer due to the voluntary auction on June 20, 2005 on June 20, 2005, the Defendant, who was the owner of the building of this case, is the owner of the FF, 324 square meters adjacent to the land of this case, and the building of this case (hereinafter “the building of this case”). The part of the building of this case was constructed on the land of this case, and each part of the building of this case is connected to the land of this case with the indication of the attached drawing No. 1,2,3,4,4,5,6,7,7,8,90, and 10, the land of this case (hereinafter “the land of this case”).

[Ground of recognition] Unsatisfy, Gap 1 through 4, 6 (including each number in case of additional number), the result of a survey appraisal, the purport of the whole pleadings

2. Since the Plaintiff acquired the ownership of the building of this case on December 31, 1971, the Plaintiff owned the building of this case, and thus occupied the land of this case, which is the site, in a peaceful and public performance manner with its own intent.

Therefore, the acquisition by prescription for the land in this case was completed on December 31, 1991 and completed on December 31, 201, and the two-lanes were completed on December 31, 201, the Defendant is obliged to implement the procedure for the registration of ownership transfer on December 31, 201 to the Plaintiff on December 31, 201.

3. Determination

A. The starting point of calculating the prescriptive acquisition of real estate is, in principle, the starting point of calculating the prescriptive acquisition period, unless the nominal owner of the real estate is the same and there is no change in the nominal owner of the real estate, the starting point of the possession, which serves as the basis of the prescriptive acquisition, is the starting point and the parties cannot arbitrarily choose the starting point (see, e.g., Supreme Court Decision 93Da7358, 7365, Oct. 26, 1993).

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