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(영문) 서울중앙지방법원 2018.09.17 2018가단5138487
시효취득에 의한 소유권이전등기절차이행
Text

1. The defendant is on the ground of the completion of the prescriptive acquisition on January 26, 2008 with respect to the land size of 68 square meters on Jeonjin-gu, Seoul Special Metropolitan City.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The father of the Plaintiff’s father C (hereinafter “the deceased”).

(A) On May 15, 1979, Jinjin-gu Seoul Special Metropolitan City B road B (hereinafter “instant land”) is 68 square meters (hereinafter “instant land”).

(D) 170 square meters adjacent to D land (hereinafter “D land”).

2) On May 11, 1979, the deceased acquired ownership by completing the registration of ownership transfer on the ground of sale as of May 11, 1979. 2) The deceased purchased D land and resides at the home on the ground.

On January 26, 1988, the above grassland was removed and the cement block structure and the 51.5 square meters (hereinafter referred to as the “instant building”) were newly built on the site of cement block structure, branch roof house, and completed the registration of ownership preservation on the instant building.

3) After the Deceased died on March 22, 1999, the Deceased consulted on the division of inherited property with the deceased’s spouse net F as a sole heir, and completed the inheritance registration of D land and building in the name of deceased F.

5) On January 3, 2015, the deceased on January 3, 2015, its successors, including the Plaintiff, consulted on the division of inherited property with the Plaintiff’s sole heir. On February 21, 2018, the Plaintiff completed the inheritance registration on the said D land and the instant building. 6) The Defendant completed the registration of preservation of ownership on the instant land on September 24, 1984.

[Reasons for Recognition] Unsatisfy, each entry and video of Gap evidence 1-8 (including virtual number), and the purport of the whole pleadings

B. According to the above facts of determination, the plaintiff succeeding to the possession of the deceased and deceased F shall be deemed to have completed the prescriptive acquisition by occupying the land of this case in peace and public performance for at least 20 years from January 26, 198 as the intention to own the land of this case. Thus, barring any special circumstance, the defendant shall be deemed to have passed 20 years from the date of possession of the land of this case to the plaintiff.

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