(영문) 대구지방법원안동지원 2016.05.18 2015가단22182

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원안동지원 2016.05.18 2015가단22182

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 5, 1989, the Plaintiff occupied and used the said newly constructed building on or around 23th of the same month after purchasing C & 329 square meters (hereinafter “the instant land owned by the Plaintiff”) and its ground buildings in Ansan-si (hereinafter “the instant building”) and completing the registration of ownership transfer on or after the completion of the registration of ownership transfer, the Plaintiff occupied and used the said newly constructed building on or around 2012 and completed the preservation registration on October 11, 2012.

B. Meanwhile, the Plaintiff owned the Defendant, and from June 23, 1989 to June 23, 1989, the part on the ship (b) size 25 square meters and the part (c) size 6, 7, 8, 9, and 6 of the same drawings and the part (c) size 16 square meters [2] and (c) size 16 square meters in sequence, all of which are connected from around June 23, 198 to each point of the above land.

It has been occupied and used as access roads to new buildings or gardenings.

[Ground of recognition] Unsatisfy, entry or video of Gap evidence 1 through 11 (in the case of a branch number, including all the branch numbers), the result of the survey and appraisal by the branch office of the Korea Land Information Corporation, the purport of the entire pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that he was aware of the intent of his ownership and possessed the land in this case for twenty (20) years from June 23, 1989. As the prescriptive acquisition on June 23, 2009 completed, the Plaintiff acquired ownership of the land in this case as to the land in this case.

B. A person who intends to purchase a usual real estate shall conclude a sales contract after confirming ownership and size by a certified copy of the register or cadastral record before entering into the sales contract. Therefore, it is reasonable to deem that the contracting party was aware of such fact if the area of the land subject to sale exceeds considerably the area entered in the public record. In such a case, barring special circumstances, such as the seller’s transfer of ownership to the excessive part and the agreement to transfer ownership

유사 판례

-창원지방법원밀양지원 2016.07.12 2013가단4847

-제주지방법원 2017.07.25 2016가단12044

-제주지방법원 2015.11.20 2013가단13534

-청주지방법원 영동지원 2018.06.22 2017가단3832

-대구지방법원안동지원 2015.08.12 2014가단23027