logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.09 2020가단5002819
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 instant land (the instant land became unregistered real estate after the change of administrative jurisdiction and conversion of the area) was about 47 square meters, and “D” was registered as the owner in the old land cadastre restored around 1959.

B. In the land survey division prepared with respect to the instant land under the former Land Survey Decree (Ordinance No. 2 of August 13, 1912), the “E” whose address is a blank space is indicated as being examined.

C. The Plaintiff filed a lawsuit against the Defendant that confirmed that the instant land was owned by the Plaintiff, a heir of F, because F, who was the Plaintiff’s fleet, was subject to the assessment of the instant land, but lost, and both appeals and appeals were dismissed.

On December 21, 1950, the plaintiff's assistance division F died, and the plaintiff inherited family.

[Reasons for Recognition] Gap's evidence Nos. 2, 4, 6, Eul's evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion was occupied by F, the Plaintiff’s fleet, with knowledge of the fact that the land was assessed, and the Plaintiff succeeded to the possession since December 21, 1950 when F died and has been occupied until then. As such, the Plaintiff acquired the instant land by prescription on December 21, 1970.

B. The above findings of the judgment and 1.C.

According to the result of the prior suit in this case, the registrar of the situation of the land in this case shall be E with his address in Gangnam-gun G, and the plaintiff's fleet F and the above ruling titleholder shall not be deemed the same person.

Therefore, the plaintiff should file a claim for the transfer registration of ownership against E or his/her heir, who is an assessment titleholder.

In order to acquire ownership of land due to the completion of the prescription, it is necessary to use the method of filing a claim for ownership transfer registration against the owner at the time of the completion of the prescription that would lose ownership, and the ownership or ownership of the land to the owner who is only a third party.

arrow