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(영문) 대구지방법원 2020.11.26 2019가단123493
소유권이전등기
Text

With respect to 26 square meters in Daegu Northern-gu E-gi

A. Defendant C is based on the completion of the prescriptive acquisition on October 2, 2010 by Defendant B.

Reasons

1. Facts of recognition;

A. On April 17, 1968, the registration of ownership transfer was completed on April 15, 1968 on the land of Daegu Northern-gu E large 26 square meters (hereinafter “instant land”), which was due to the sale on April 15, 1968.

B. Defendant B entered into a sales contract with the Plaintiff on December 30, 2016 and completed the registration of ownership transfer with respect to the instant land and the instant building on November 8, 1990, after the completion of the registration of ownership transfer due to sale and purchase on November 2, 1990, with respect to the instant land and the instant building (hereinafter “instant adjacent land”) adjacent to the instant land (hereinafter “instant adjacent land”) on November 2, 1990.

C. The instant building is constructed on the instant land and the instant land.

The Plaintiff filed an application for a judgment on appointment of an administrator of Defendant C, an absentee, with the Daegu Family Court No. 2019Ra11079, and on April 24, 2020, the said court rendered a judgment on appointment of an administrator of Defendant C as an attorney-at-law.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant B, while residing on October 2, 1990 the neighboring land of this case and the building of this case constructed on the land of this case, occupied the land of this case in peace and openly with intent to own the land of this case. Thus, the prescription period for the acquisition of possession of the land of this case was completed on October 2, 2010 after the lapse of 20 years. Upon the Plaintiff’s subrogation request, Defendant C is obligated to implement the procedure for the registration of ownership transfer on October 2, 2010 for the land of this case to Defendant B, and Defendant B is obligated to implement the procedure for the registration of ownership transfer on December 30, 2016 for the land of this case to the Plaintiff.

3. The plaintiff's claim is reasonable and acceptable.

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