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(영문) 창원지방법원밀양지원 2017.04.04 2016가단1702
소유권이전등기
Text

1. The Defendant: (a) indicated in the attached Form No. 1, 2, 8, 9, 10, and 1 among the land size of 347 square meters in Gyeongnam-gun, Gyeongnam-gun; and (b) indicated in the attached Form No.

Reasons

Basic Facts

On September 5, 1971, the Plaintiff purchased a large of 387 square meters (hereinafter “Plaintiff’s land”) in D, Gyeong-gun, Chungcheongnam-gun, and completed the registration of ownership transfer on July 28, 1980.

Since then, on October 9, 2003, the Plaintiff donated the Plaintiff’s land to E, who is his spouse, and completed the registration of ownership transfer on October 14, 2003, again completed the registration of ownership transfer in the name of the Plaintiff on May 20, 2008.

On June 16, 1984, the Defendant purchased a large of 347 square meters (hereinafter “Defendant’s land”) from Gyeongnam-gun, Gyeongnam-gun (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land and completed the registration of ownership transfer on December 27, 1993, owned the said land until now.

On the other hand, as seen in the separate sheet, the boundary between the east boundary of the Plaintiff’s land and the west boundary of the Defendant’s land are in contact with each other, and the fence that appears to have been constructed on the Defendant’s side according to the vicinity of the line connected in sequence 2 and 8 indicated in the separate sheet is constructed.

In order to sell land around December 2015, the Plaintiff came to know that the boundary in the cadastral map of the original and the Defendant’s land was on the line which connects 1, 10, and 9 of the annexed drawing between the two pages, in order, a considerable portion of the boundary in the cadastral map of the original and the Defendant’s land.

【The Plaintiff’s assertion by the parties concerned as to the purport of each of the statements and arguments set forth in subparagraphs A through 6 of the above Article 15(1) has occupied the above land as the Plaintiff purchased the Plaintiff’s land on September 5, 1971.

Therefore, around December 27, 2013, after the lapse of 20 years counting from December 27, 1993, when the Defendant acquired ownership of the Defendant’s land, the Plaintiff’s acquisition by prescription on the part of “b” in the ship connected each point of the attached Form No. 1, 2, 8, 9, 10, and 1 among the Defendant’s land, was completed.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on December 27, 2013 with respect to the land in dispute of this case to the plaintiff.

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