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(영문) 창원지방법원 진주지원 2021.02.03 2019가단39405
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 14, 1978, the netF completed the registration of transfer of ownership on the instant land, and on May 27, 2004, Defendant B and C completed the registration of transfer of ownership on each of the instant land due to inheritance by division.

B. On October 30, 1975, Defendant D completed the registration of the transfer of ownership with respect to G G Dae-gu, Jin-si, Seoul, adjacent to the instant land, and completed the registration of the transfer of ownership. On July 27, 1985, Defendant D completed the registration of the preservation of ownership with respect to the above G land-based housing.

On February 3, 2017, the Plaintiff completed the registration of the transfer of ownership due to the sale of the said G land and the above G housing by voluntary auction (hereinafter referred to as “land owned by the Plaintiff”). C.

Plaintiff

The land-owned land house was constructed including part of the land in this case, which was part of the land in this case, over the boundary line with the land in this case.

(d)

On November 26, 2019, Defendant D drafted a summary statement stating that Defendant D transferred the Plaintiff the right to claim the transfer of ownership upon the completion of the prescription period for the acquisition of possession on the part of the land in the instant dispute.

[Grounds for Recognition] Unsatisfy, entry or video of Gap's evidence 1 to 4 (including branch numbers), the result of the appraisal commission to the actual branch office of this court, the purport of the entire pleadings

2. The gist of the Plaintiff’s assertion was that Defendant D occupied the part of the instant dispute’s land with the intention of ownership from July 27, 1985 to July 27, 2005 and the prescription for acquisition of possession was completed. As such, Defendant B and C are obliged to perform the procedure for registration of transfer of ownership based on the completion of the prescription for acquisition of ownership as to each of 1/2 shares out of the part of the instant dispute’s land (the Plaintiff’s substitute claim) (the Plaintiff’s substitute claim) and Defendant D is obligated to perform the procedure for registration of transfer to the Plaintiff pursuant to the self-agreement on November 26, 2019.

3. Determination

A. In the purchase and acquisition of land in the relevant legal doctrine and commencement of possession, the buyer does not regard the boundary line with the adjoining land accurately.

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