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(영문) 대구지방법원경주지원 2017.10.18 2017가단11301

소유권이전등기

Text

1. Of the P road of 840 square meters in racing for the Plaintiff:

A. As to Defendant A’s share 17,199/34,398

B. Defendants B and D shall each be 1.

Reasons

1. Facts of recognition;

A. Korea, around 1953, incorporated the land indicated in the order (hereinafter “instant land”) into a road site in Qpark, and around 1957, paid compensation for the instant land to the Defendant A and the deceased R, who was the landowner of the instant land.

B. The deceased R died on March 31, 1962, and the Defendants, the inheritors as indicated in the annexed successor relations table, inherited the land of this case according to the final inheritance shares indicated in the annexed share calculation table.

C. On December 20, 1958, the land category was changed from “the answer” to “road,” and the Republic of Korea occupied and used the instant land in a peaceful and public manner with intent to own it from the same day.

On January 1, 1962, the Road Act (amended on December 27, 1961) was enacted and enforced, and the road including the land in this case was designated as the first-class national highway by the Minister of Construction and Transportation on February 5, 1963.

From February 5, 1963, the Plaintiff succeeded to the possession of the Republic of Korea as a management agency with respect to the roads including the land of this case, which are Class 1 national highways designated as the route of Class 1 national highways under Article 22(1) and (2) of the Road Act, and has occupied the land of this case in a peaceful manner with the intention of possession until now.

[Ground of recognition] Defendant D, G, and N: Each entry in Gap evidence Nos. 1 through 13 (including household numbers) and the purport of the whole pleadings, except the above Defendants: The remaining Defendants: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of determination as to the cause of claim, Defendant A is liable for the share of 17,199/34,398 among the land in this case, and the remaining Defendants are liable for the Plaintiff to implement the registration procedure for transfer of ownership for the completion of the acquisition by prescription as of December 20, 1978, when 20 years have passed from December 20, 1958, with respect to each share of the final shares in the attached shares in inheritance calculation sheet in the attached Form.

3. As such, each claim against the Defendants against the Plaintiff is justified.