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(영문) 창원지방법원마산지원 2015.10.28 2014가단10345
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 July 20, 1989, the Defendant completed the registration of ownership transfer with respect to 1,619 square meters in the name of the Defendant with respect to the area of 1,619 square meters in the name of Yongsan-gu, Changwon-si. The Defendant was divided from the above land on June 9, 2014 (hereinafter “instant land”).

B. Meanwhile, with respect to E’s 327 square meters adjacent to the instant land (hereinafter “instant adjacent land”), the ownership transfer registration was made in the name of the Plaintiff on November 15, 1971 after the Plaintiff’s husband was registered under F, the Plaintiff’s husband, and on June 30, 1981.

[Ground of recognition] Facts without dispute, Gap 1, 10, 14 evidence, Eul 4 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion F purchased the adjoining land of this case around 1971 and possessed the portion 27, 28, 29, 30, and 27 square meters of the attached drawing among the land of this case, which was connected in order to each point of 27, 28, 29, 30, and 27. In the process, the part of the dispute, the water tank around 1973, and the building for the use of rainwater on the water tank around 1975, respectively was constructed, and the building was reconstructed into a household building where the above building was located together in a Seo-gu and resting place, and owned and managed the dispute and the trees planted at the boundary of the remaining part of the land of this case.

Since the plaintiff succeeded to F's possession of the dispute over the dispute around 1981, the part of the dispute has been continuously occupied as an intention to own it until now.

Therefore, the Plaintiff’s acquisition by prescription as to the dispute portion on July 20, 2009, which was 20 years from July 20, 1989, where the Defendant’s transfer of ownership was registered as to the dispute portion, was completed, and thus, the Defendant is liable to implement the registration procedure for transfer of ownership based on the completion of the acquisition by prescription as to the dispute portion to the Plaintiff.

(b) Determination Doctrine, Gap 2, 5, 6, 1-1, 12-3 of evidence and images, and the result of the commission of appraisal to the Director General of the Korea Cadastral Headquarters for the Gyeongnam District of the Court and the Director General of the Korea Cadastral Headquarters for the New District of the Court, and arguments.

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