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(영문) 서울중앙지방법원 2016.06.22 2015가단6423
소유권이전등기
Text

1. The defendant is based on the completion of the acquisition by prescription on November 18, 2003 with respect to the land size of three square meters in Suwon-si, Suwon-si.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased from C on May 25, 1990, and C on November 18, 1983, from Suwon-si, the registration of ownership preservation of which was completed on November 18, 1983, the Plaintiff purchased the Suwon-si D 142m2 and above ground 4m2, and the neighboring living building on the first underground floor (hereinafter “instant building”), and completed the registration of ownership transfer on July 28, 1990.

B. On September 11, 1948, the land in question was reverted to the Defendant on September 25, 1956 and the ownership transfer registration was completed on August 25, 1956.

C. On November 18, 2009, the Korea Asset Management Corporation entrusted with the administration of state property by the Defendant notified the Plaintiff of the imposition of indemnity for unauthorized occupation of the instant land, but the Plaintiff did not pay the indemnity.

The Plaintiff, in turn, is occupying and using the entire three square meters of “A” portion on the instant building site in addition to the attached Form 1, 2, 3, 4, and 1. Since the date of registration of ownership preservation, the Plaintiff did not discover or confirm any building extended or reconstructed without permission on the instant land until the date of registration of ownership preservation.

[Ground of recognition] Facts without dispute, Gap 1 through 10, Eul 1 through 4, the result of the commission of surveying and appraisal to the original branch of the Korea Land Information Corporation, the result of fact inquiry to the Suwon-si Office in Suwon-si, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, C occupied the land of this case as the owner's intention after November 14, 1983 or November 18, 1983, which was approved for use of the building of this case, and possessed the land of this case in peace and public performance with the intent to own the land of this case until the sale to the defendant. After that, as to the plaintiff's intention, it continued possession in peace and public performance with the intention of ownership preservation and at least 20 years after November 18, 2003, since the acquisition by prescription for the land of this case was completed, the defendant was the plaintiff.

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