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(영문) 춘천지방법원속초지원 2020.01.10 2018가단1706
소유권이전등기 등
Text

1. Among 30 square meters in Sinsi-si D, the part (i) on the ship, which connects each point of the attached Form 1, 2, 3, 4, and 1 in sequence, shall be three square meters.

Reasons

1. Basic facts

A. On December 15, 1986, Defendant B completed the registration of ownership transfer with respect to the E-dong (hereinafter “E-dong”) located in Seocho-si (hereinafter “E-dong”) D 30 square meters (hereinafter “instant land”).

B. On March 29, 1978, Defendant C completed the registration of ownership transfer with respect to the housing and the three-storys of FF reinforced concrete structure and the store adjacent to the instant land (hereinafter “Adjoining building”).

C. On August 1, 2014, the Plaintiff purchased an adjacent building from Defendant C and completed the registration of ownership transfer made on August 18, 2014.

An adjacent building is a part of 3 square meters (hereinafter referred to as “(i) land”) inboard (hereinafter referred to as “land”) connected with each point of the attached Form 1, 2, 3, 4, and 1 in sequence among the land in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 9 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The fact that the Plaintiff purchased the adjacent building and F land from Defendant C on August 1, 2014 that the land (i) was also purchased as the site for the neighboring building without any dispute between the parties, or that the land was also purchased in full view of the entire purport of the pleadings as set forth in the evidence No. 5 and No. 10.

Therefore, Defendant C is obligated to implement the registration procedure for transfer of ownership on August 1, 2014 with respect to the land (i) owned by the Plaintiff.

3. Claim against the defendant B

A. According to the above facts, since Defendant C occupied the land (A) through an adjacent building for not less than 20 years from December 15, 1986, which acquired the ownership of the instant land by Defendant C, Defendant C is obligated to implement the procedure for the transfer of ownership on the ground of the completion of the prescription period for the acquisition of possession on December 15, 1986, which was from December 15, 1986 to 20 years from December 15, 1986, with respect to the land (A), and the Plaintiff, as the creditor of Defendant C, can seek the implementation by subrogation of the Defendant C.

B. As to this, the Defendant B’s possession of the land under subparagraph (a) is in the possession of the owner.

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