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(영문) 전주지방법원 2015.04.07 2013가단23114

소유권이전등기

Text

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

2. The Plaintiff and the Defendants shall bear 50% each of the costs of lawsuit.

Reasons

1. Basic facts

A. The deceased U (hereinafter “the deceased”) acquired each real estate listed in the separate sheet No. 1, around 1964, and died on December 13, 1983.

B. Around 192 after the death of the deceased, V purchased the real estate No. 2 listed in the Schedule No. 1 (hereinafter “second real estate”) from the co-inheritors, and occupied and used it, and sold it to W around December 1993. The Plaintiff purchased the real estate No. 2 from W on August 9, 2012, and has occupied and used it until now.

C. Meanwhile, as co-inheritors of the deceased, the Defendants’ share in inheritance is indicated in the attached Form 2’s share in inheritance.

[Ground of recognition] The fact that there is no dispute, each entry of Gap Nos. 1, 2, and 8 (including a paper number; hereinafter the same shall apply), witness V, X's testimony, and the purport of the whole pleadings

2. The Plaintiff’s assertion V, around October 30, 1992, at the time of the purchase of the real estate No. 2, purchased and occupied the real estate No. 1 listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) from the co-inheritors of the deceased, and sold it to W around December 1993. The Plaintiff purchased and occupied the real estate No. 1 and 2 from W around August 9, 2012. Since the period of prescription for the acquisition of possession by the Plaintiff succeeded to the possession of the real estate No. 5 and W around October 30, 2012, the Defendants are obligated to implement the procedure for the registration of ownership transfer with respect to the corresponding share in the attached list of inheritance shares among each of the instant real estate.

3. The following circumstances, i.e., the evidence that V purchased the real estate No. 7 from the deceased’s co-inheritors around October 30, 1992, including the statement of No. 7 and the witness V and X, on the other hand, although Gap evidence No. 3-1 through 4, Gap evidence No. 6, Eul evidence No. 1, and witness evidence No. 1, and the whole purport of the pleadings as a whole, are acknowledged by considering the following circumstances: V around April 192.