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1. The Plaintiff (Counterclaim Defendant) indicated in the attached Form 3, 4, 5, 6, and 5 of the land size of 590 square meters in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the owner of the land of 590 square meters in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).
B. D, on July 6, 1993, purchased 209 square meters attached to the land of this case (hereinafter “2 land”) and completed the registration of ownership transfer on July 26, 1993. F newly constructed a building on the land of this case No. 2 and on the land in the dispute of this case (hereinafter “the building of this case”), and completed the registration of ownership transfer on December 14, 1993.
C. G was awarded a successful bid for the instant land and buildings on August 27, 2008 and completed the registration of ownership transfer on September 3, 2008, and commenced possession. The Defendant, on February 19, 2010, donated the instant land and buildings from G and completed the registration of ownership transfer on February 22, 2010, and currently occupies the instant land as the site for the instant building.
[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4 (including the number in case of each number), Eul's evidence 2, the result of this court's request for surveying and appraisal against the party's branch office sent to the Korea Land Information Corporation, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the defendant occupies the land in the dispute of this case, which is owned by the plaintiff, is obligated to deliver it to the plaintiff.
B. The Defendant’s assertion G succeeded to F’s possession of the land in the dispute part of this case along with the instant building. Since the Defendant succeeded to G’s possession, the Defendant acquired by prescription the ownership of the land in the dispute part of this case on December 14, 2013 after the F commenced possession of the instant building and the land in the dispute part of this case from December 14, 1993.
Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on the land in the dispute part of this case to the Plaintiff for the acquisition by prescription.
3. Determination
A. F. The instant building and building from December 14, 1993 by the F.