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(영문) 전주지방법원 2018.09.06 2017가단12990
소유권이전등기
Text

1. The defendant is one of the items indicated in the attached Form No. 1, 2, 8, 9, 10-16, 17, and 1 among the 1336 square meters in Seongdong-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Reasons

1. Facts of recognition;

A. On February 9, 1990, the Plaintiff purchased cement block structure and cement block structure and 37.10 square meters attached to cement block structure and 37.10 square meters of a multi-story house in the previous city of Jeonjin-gu, Jeonjin-gu, Seoul, and completed the registration of ownership transfer for the above building (hereinafter “Plaintiff’s housing”), and thereafter resided in the Plaintiff’s housing until then.

B. The Plaintiff’s housing and its site are not in fact located on the Plaintiff’s land, but are located on the part (B) which connects each point of 1,2,3,4-4, 17, 18, 19, and 1 on the land in the order of 283 square meters in the attached Form No. 1, 2, 8, 9, 10-16, 17, and 188 square meters in the order of the Plaintiff’s land owned by the Defendant, Jeonjin-gu, Seoul Special Metropolitan City. Of these, the part on the Defendant’s land is the part (a) part (b) which connects each point of 1,2, 8, 9, 10-16, 17, and 1 of the attached Form No. 1, 236 square meters in the order of the former Special Metropolitan City, Seo-gu, Seoul Special Metropolitan City.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 7 (including branch numbers, if any) and the result of the commission of appraisal and supplementation of appraisal by the Korea Land Information Corporation (hereinafter referred to as the "Korea Land Information Corporation") and the purport of the entire pleadings

2. Determination on the claim of this case

A. The plaintiff's assertion 1) Since the acquisition by prescription has been completed by occupying the part of the land of this case in peace and openly with the intention of ownership for at least 20 years, the defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the prescription period. 2) In general, it is reasonable to view that the defendant purchased the land and the site of the building after confirming in advance the location and area of the land at the time when the plaintiff purchased the land of this case and the housing of this case, and the area of the land of this case which the plaintiff affected is very wide, and the plaintiff's housing and its site are not on the

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