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(영문) 대구지방법원 2016.10.06 2016가단113808
토지인도
Text

1. The Defendant each indicated on the survey results in attached Form 1, 2, 3, 4, and 1 among the landmark B of Daegu-gu 580.5 square meters to the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. According to the evidence evidence evidence Nos. 2 through 7, the Plaintiff completed the registration of ownership transfer on the land indicated in the order on November 2, 2015 due to sale and purchase on September 7, 2015. The Defendant is the owner who completed the registration of ownership transfer on June 29, 190 with respect to the land indicated in the order and the land indicated in the order, and the Defendant is the owner who completed the registration of ownership transfer on June 29, 1990. However, the fact that the Defendant installed a fence on the land indicated in the order, which was attached to the land indicated in the attached Table Nos. 1, 2, 3, 4, and 1, connected each point in order to indicate the survey result on the land indicated in the order.

B. According to the above facts of recognition, as long as the defendant did not disclose the title to possess and use the land of the above part of the wall owned by the plaintiff, the defendant is obligated to remove the above wall to the plaintiff as the owner and deliver the part of the land to the plaintiff.

2. Judgment on the defendant's assertion

A. The defendant's assertion has occupied real estate since he purchased the current state of boundary on June 29, 1990.

The defendant acquired ownership through the completion of the prescription of possession, since he/she knew that the fence was installed at the time of purchase and he/she occupied it in peace and openly for at least 20 years.

B. Even if the acquisition by possession of the judgment real estate has expired, the possessor may not oppose the third party, unless the registration of ownership transfer has been completed against the third party with respect to the real estate.

(See Supreme Court Decision 97Da56495 Decided April 10, 198. Therefore, even if the period of prescription for the acquisition by possession was completed on or around June 2010 after the lapse of 20 years from the date on which the Defendant occupied the aforementioned wall, the Defendant completed the registration of ownership transfer on September 2, 2015 as to the land indicated in the disposition on November 2, 2015 before the Plaintiff completed the registration of ownership transfer by exercising the right to claim for ownership transfer transfer registration by reason of sale on September 7, 2015.

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