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(영문) 수원지방법원 2018.01.26 2016가단522258
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant purchased D land from E and three others on June 8, 1984, and completed the registration of ownership transfer on June 9, 1984.

B. With respect to F, G, and H land adjacent to D land (hereinafter “Adjoining land”), E and three other parties were to complete each registration of ownership transfer for F, G, and H land around April 1984, and I completed each registration of ownership transfer for subsidiary food Co., Ltd. on July 24, 1985, and subsidiary food Co., Ltd sold adjoining land to the Plaintiff on September 20, 1989 and completed the registration of ownership transfer on September 22, 1989.

C. A factory completed around June 29, 1974 (hereinafter “former building”) was located on the neighboring land, but the ownership of the previous building was transferred in sequence to the Plaintiff via E, three others, I, and subsidiary food companies.

After the removal of an old building, the Plaintiff newly built a factory on the adjoining land. On February 19, 1993, the construction of a new factory was completed and completed on March 9, 1993.

After October 1993, the Plaintiff extended the factory on or after October 1993.

(A) All new construction and extension factories are combined with the new construction and extension factories, 'new buildings'. 【No dispute exists, Gap's evidence 1 through 4 (including each number; hereinafter the same shall apply), Eul's evidence 1, 2, 4 through 6, and 8 through 15, the purport of the whole pleadings and arguments.

2. The parties' assertion

A. The Plaintiff has occupied and used the part of the instant land for not less than 20 years from the time of acquisition of ownership of the Plaintiff’s neighboring land. The Plaintiff’s possession is presumed to be an independent possession pursuant to Article 197(1) of the Civil Act. Since the acquisition by prescription on the part of the instant land was completed on March 9, 2013, the Defendant is obligated to implement the registration procedure for ownership transfer on March 9, 2013 with respect to the said part of the land.

B. At the time of acquisition of ownership of adjacent land and building, the Plaintiff removed the old building and newly constructed a new building without permission by not occupying the land of this case.

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