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(영문) 부산지방법원 2014.05.21 2013가단90163
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Busan Jin-gu B, Busan (hereinafter “the instant land”) was owned by the Defendant, and the Busan Jin-gu, Busan D on June 14, 197 was merged with the Busan Jin-gu, Busan D on September 28, 1987, and part of which was divided into the instant land.

B. On November 5, 1973, the Plaintiff purchased a building of 49.59 square meters in size with the above land and its ground brick structure and roof assessment house (hereinafter “the instant building”) from E, and occupied the instant land as the site for the instant building since the Busan District Court’s Busan District Court completed the registration of transfer of ownership on December 27, 1973 with the receipt of No. 62922 on December 27, 1973.

C. On January 7, 1987, the Plaintiff completed the registration of ownership transfer claim on the ground of the F’s promise to sell the instant building as of June 5, 1986. On April 6, 1998, the Plaintiff completed the registration of ownership transfer on the ground of payment in substitutes as of February 7, 1987 in G, H, I, J, and K.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, and 3, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff 1) since November 5, 1973, the plaintiff occupied the land of this case in peace and openly with the intention to own it for twenty (20) years, and the acquisition by prescription was completed on November 5, 1993. Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of the acquisition by prescription on November 5, 1993 with respect to the land of this case to the plaintiff. 2) As long as the plaintiff lost possession of the land of this case by disposing of the building of this case to G and four (4) on April 6, 1998, the defendant cannot file a claim for transfer of ownership due to the completion of the acquisition by prescription with respect to the land of this case with the defendant. Even if the plaintiff's acquisition by prescription is recognized, the prescription period of the right to claim transfer of ownership based on the completion of the acquisition by prescription has expired on April 5, 20

(b) judgment;

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