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(영문) 서울남부지방법원 2015.11.20 2015나50885
토지인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and Defendant C are dismissed.

2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and the Defendant.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the testimony of the witnessO of the first instance court on the 4th page of the first instance court's decision is used as "each testimony of the witnessO and Q of the first instance court's witness Q of the first instance court's decision"; and the following supplementary judgments are the same as the part of the reasons for the first instance's decision, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (4) On the other hand, even if the acquisition by prescription was completed on December 7, 1998 and the acquisition by prescription against F or his heir, the owner of the land of this case, who was the owner of the land of this case, and did not complete the registration of ownership transfer on the ground thereof, can not claim the acquisition by prescription against the third party who was acquired the ownership transfer on the register (see, e.g., Supreme Court Decision 88Meu5843, 5850, Apr. 11, 1989). According to the above basic facts, the starting date of possession of the deceased H and Defendant C was December 7, 1978, and the acquisition by prescription was completed on December 7, 1998 after the expiration of the period of acquisition by prescription, even if the Plaintiff acquired the right to claim ownership transfer registration with respect to the land of this case under the name of the Plaintiff under the Act on Special Measures on March 3, 2008, which is the expiration of the period of prescription.

According to the testimony by the witness Q of the trial court, H, the husband of the defendant C, is recognized to have died in around 1980, and even if the defendant C commenced possession from around 1980, there is no change in the fact that the plaintiff received the transfer of ownership after the completion of the statute of limitations). 3. As such, since the plaintiff's claim against the defendants was all reasonable, it shall be accepted, and the defendant B's counterclaim claim shall be dismissed.

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