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(영문) 서울북부지방법원 2018.11.07 2018가단6485
소유권이전등기
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. From December 6, 1971, the Plaintiff (Appointed-gu, Seoul Special Metropolitan City) occupied the road 29.8 square meters (hereinafter “the instant road”) of the Plaintiff’s assertion as the Plaintiff (Appointed Party) with his intention to own for 20 years, including the period of possession of the former owner from January 12, 1973, and the acquisition by prescription was completed.

The defendant is obligated to implement each procedure for the registration of ownership transfer stated in the purport of the claim to the plaintiff (appointed party) and the appointed party.

2. In full view of the overall purport of the arguments in the evidence Nos. 1 and 7, it is recognized that the plaintiff (appointed party) and the selected party have used the road of this case as their residential passage.

However, the evidence alone, which was incurred prior to the completion of the statute of limitations for the acquisition by possession, is insufficient to acknowledge that the Plaintiff (Appointed Party) and the designated party had the intent to own the road of this case, and there is no other evidence to acknowledge it.

3. The plaintiff (appointed)'s claim is dismissed.

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