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(영문) 서울서부지방법원 2016.05.13 2014가단37081
소유권이전등기
Text

1. The Defendants are each indicated in the attached Form 3, 5, 6, 7, 34, 24, and 3 among the land size of 8.3 square meters in Mapo-gu Seoul Metropolitan Government G workers.

Reasons

1. Facts of recognition;

A. A. Around August 25, 1977, the Plaintiff entered into a contract with H to purchase KRW 1.8 million land of Mapo-gu Seoul, a State-owned land, which is a State-owned land, with the content of the contract, including J. 4.29 square meters (one square 3 square son), which is a state-owned land under the special agreement.

J Land was substituted as part of K’s land on February 3, 1981, and on September 4, 1981, the part containing the said land was divided into GJ 8.3 square meters. G land is currently written as H as its owner in the unregistered state.

B. The Plaintiff has a certificate of the right to registration of J land, and completed the registration of ownership transfer on August 2, 198 with respect to I land where state-owned land was located.

On the other hand, an unregistered building (the instant building) is constructed on the land of I, and the Plaintiff owns it and resides in around September 30, 197. The instant building occupies part of adjacent G and L land beyond the boundary of I land.

The part on which the building in this case occupies as a site among G land is 8.2 square meters (the part on the claim in this case) recorded in the text.

C. H died on March 26, 1992, and M, his spouse, died on December 30, 2002, and his heir was the Defendants, who were their children.

Grounds for Recognition: Facts without dispute, Gap 1, 2-1, 2, Gap 3, Gap 4-2, Gap 5, Gap 6-1, 2, Gap 7-1 through 3, Gap 8-1 through 3, Gap 9-1 through 3, each of the results of each entrustment of appraisal, and the purport of the whole pleadings.

2. Comprehensively taking account of the above facts of recognition, the Plaintiff appears to have purchased the instant building built on the State-owned land from H around around 1977 and the J land, which is its site. From around that time, the Plaintiff owned the instant building and occupied the instant portion of the claim, which is its site, in a peaceful and performing manner with its intent to own it.

Therefore, the Defendants, who are co-owners who inherited the claim portion of this case one-five shares, are obligated to implement the procedure for ownership transfer registration for the completion of prescriptive acquisition to the Plaintiff.

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