logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.10.21 2015나3905
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is transferred to the Plaintiff (Counterclaim Defendant) prior to C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 28, 1980, the Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of “sale on October 24, 1980,” with respect to the land of 400 square meters (hereinafter “Defendant’s land”) prior to Boan-si, Boan-si. From October 24, 1980 to October 24, 1980, the Defendant has resided in a house located on the Defendant’s land.

B. From July 15, 1989 to 20 years, the Plaintiff: (a) was a building on the ground of 122 square meters in order to connect each point of Annex 8, 9, 10, 11, 12, 13, and 8 of Annex 1 among the Defendant’s land for at least 20 years; and (b) was a building on the ground of 122 square meters in order to connect each point of Annex 1, 9, 10,

The building in this case has been owned and has been residing in the above building. The building in this case is adjacent to the house in which the defendant is residing. [The facts that there is no dispute over the grounds for recognition, the entries and images of Gap evidence 1 through 8, Eul evidence 1, and the result of the request for surveying and appraisal to the Director of the Daejeon-si Branch of the Daejeon District Court of the first instance on December 8, 2014, the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) purchased the instant land and buildings from D on July 15, 1989, and occupied them in peace and openly and openly with the intention of possession until 20 years have elapsed. As such, the acquisition by prescription on July 15, 2009 for the portion of item (a) in the ship connecting each point of the instant land and its summary, including the instant land and its summary, was completed on July 15, 2009.

Therefore, the Plaintiff, as the principal lawsuit, sought the implementation of the procedure for ownership transfer registration on the part of the above item (a) as to the Defendant, and on the other hand, there is no reason to claim the Defendant’s counterclaim seeking the removal of the instant building against the Plaintiff on the ground that the Plaintiff’s possession on the part of the above item (a) is illegal possession, and the transfer of the instant land and the return of unjust enrichment

(2) The defendant's assertion is made on July 15, 1989.

arrow