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(영문) 전주지방법원 2020.07.21 2019가단20438
건물 철거 및 토지 인도 청구의 소
Text

1. The defendant has each point of the following points with reference drawings indicated in attached Form 1, 2, 3, 4, and 1 among the 422 square meters in Jeonju-gun E, Jeonju-gun.

Reasons

1. Facts of recognition;

A. The Plaintiffs completed the registration of ownership transfer on October 14, 2014 with respect to each 1/2 share of 422 square meters (hereinafter “Plaintiff-owned land”) in Jeonju-gun, Jeonju-gun, North Korea on November 7, 2014.

B. On August 1, 1992, the Defendant completed the registration of transfer of ownership in the name of the Defendant with respect to the Fluort mentor of the Fluort on the ground of Jeonju-gun, Jeonju-gun (hereinafter “Defendant-owned building”). From among the land owned by the Plaintiffs adjacent to the building owned by the Defendant, the part “B” connected in the order of each point of 1, 2, 3, 4, and 1 of the attached reference drawings (hereinafter “the part” or “the part of this case”).

[Ground of recognition] Facts without dispute, each entry or video of Gap 1 through 4 (including the paper numbers) and the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to remove the part of the building constructed on the ground of 14m2 of the land owned by the plaintiffs, the owner of the land owned by the plaintiffs, and deliver the above part of the land to the plaintiffs, except in extenuating circumstances.

B. The defendant's assertion 1 argues that since the defendant's building did not know that the land owned by the plaintiffs was invaded, the plaintiff's claim should be dismissed since he occupied it in peace and public performance from April 5, 1973 without knowing that the building owned by the defendant was invaded.

Where a transfer of ownership has been made in the name of a third party purchaser with respect to the real estate during the period of the completion of the acquisition by prescription after the completion of the registration of ownership transfer due to the completion of the acquisition by prescription, the possessor may oppose the third party purchaser by the acquisition by prescription, unless there are circumstances, such as where the first possessor continues to occupy the real estate, and the owner again has passed the period of possession by counting the time of change as the starting point of time.

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