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(영문) 인천지방법원 2020.07.16 2020가단216157
소유권이전등기
Text

1. Defendant Incheon Metropolitan City completed the acquisition by prescription on April 29, 2018 with respect to real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 1993, Defendant Incheon Metropolitan City completed the registration of ownership transfer on the ground of “acquisition of public land as of December 17, 1993” with respect to the Incheon Gyeyang-gu Incheon Metropolitan City E large 34,712 square meters.

The defendant Incheon Metropolitan City sold the above land to the corporation B on November 30, 1994.

B. B newly constructed an apartment on the above land, and completed the registration of ownership preservation on the apartment building on September 30, 1997. However, around July 1998, B failed to complete the registration of ownership transfer on the above land.

C. Defendant D is the apartment house of this case from the corporation B on June 9, 1995.

(D) On October 21, 1997, the sales contract was issued and the sales price was fully paid and completed the registration of ownership transfer for the said apartment building portion. On the other hand, the share in the site was recorded as 38.294 square meters. On April 19, 1998, the Plaintiff purchased the instant apartment including shares in the site from Defendant D and paid all the sales price, and completed the registration of ownership transfer for the part of the building on April 29, 1998. (e) On the other hand, the Plaintiff was declared bankrupt by the Incheon District Court 2010Hahap22, Jan. 21, 2010, and C was appointed as the bankruptcy trustee. [The fact that there is no ground for recognition, each entry of subparagraphs A1 through 12, and the purport of the entire pleadings.

2. According to the above facts of recognition as to the claim against the defendant Incheon Metropolitan City, the corporation B was from September 30, 1997 to around October 23, 1997, and the defendant D occupied the site of this case as the site of the apartment of this case from October 23, 1997, and the plaintiff succeeded to the possession of the site of this case from the defendant D on April 29, 198 to now, and the possession of the corporation B, the defendant D, and the plaintiff is presumed to be possession independently.

On the other hand, a person who asserts the prescriptive acquisition may choose at will the starting point of the prescriptive acquisition on land without any change of the owner, and succeed to the possession of the former possessor, with his own possession period.

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