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(영문) 전주지방법원 2015.04.23 2013나9416
소유권이전등기
Text

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

The defendant shall attach attached Form 49m2 to the plaintiff among the 49m2 road in Jeon Chang-gun, Jeon Chang-gun.

Reasons

1. The facts which fall under the following may be acknowledged, either in dispute between the parties or in full view of Gap evidence of 1 to 8, Eul evidence of 3 to 5 (including several numbers), the results of the appraisal commission to the Korea Cadastral Corporation by the court of the trial, and the purport of the whole pleadings as a result of the request for the supplementation and supplementation of evidence.

C On November 15, 1978, M.D. 221 square meters (hereinafter referred to as “the instant site”) and 15 square meters (hereinafter referred to as “the instant building”) within 30 square meters within the 30th floor of a single-story house in the J. Gaon Do, Chang-gun, Gowon-gun, North Korea on November 15, 1978, completed each registration of the ownership transfer on December 21, 1978.

B. E was donated from C on August 16, 2004, and completed the registration of ownership transfer under his own name on August 20, 2004. The Plaintiff purchased the instant site and buildings from E on April 11, 2006, and completed the registration of ownership transfer under his own name on May 17, 2006.

C. Meanwhile, on May 19, 1986, the Defendant completed the registration of preservation of ownership on the instant land with respect to the area of 49 square meters (hereinafter “instant land”).

At present, the building of this case is located on the part of the building which connects each point of 16, 21, 22, 23, 17, and 16, which are indicated in the annexed drawings, as outer walls. The part of the building of this case used as the site for the building of this case among the land of this case is 46 square meters in the ship which connects each point of 10, 11, 28, 29, 3, 2, and 10 in sequence, in the annexed drawings (hereinafter “the building site of this case”).

2. Determination:

A. If the registrant continues to be the same during the period of judgment on the cause of the claim, it is sufficient to deem the starting point of reckoning the prescriptive acquisition between where the starting point is possible and determine the lapse of that period only. Therefore, even in cases where the total period of possession of the former possessor has elapsed 20 years by succeeding the possession of the former possessor, the starting point after the former possessor commenced the possession shall be deemed the starting point.

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