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(영문) 대구지방법원서부지원 2020.10.27 2018가단1449

소유권이전등기

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Defendant C is limited to the Plaintiff’s share stated in the attached Form on October 29, 2014.

Reasons

The Plaintiff’s primary claim against Defendant B, the Defendant C, who filed the Plaintiff’s primary claim, succeeded to or donated F and Defendant B with D, 105 square meters (hereinafter “D land”) and E road 112 square meters (hereinafter “E land,” referred to as “each of the instant lands” in common to D land, and had not completed the registration of ownership transfer in its name with respect to the shares listed in the separate sheet (hereinafter “instant shares”) among E land.

On October 29, 2014, the Plaintiff purchased each of the instant land from Defendant C. In subrogation of Defendant C, the Plaintiff sought implementation of the procedure for registration of transfer of ownership on the ground of donation on June 10, 1949.

Since Defendant C had occupied the intent to own each of the instant lands from June 10, 1949 to the time of selling each of the instant lands to the Plaintiff, Defendant C acquired the instant shares by prescription, and on October 29, 2014, the Plaintiff, who purchased each of the instant lands from Defendant C from Defendant C, by subrogationing the Defendant C, sought implementation of the procedure for ownership transfer registration on the ground of the completion of acquisition by prescription on June 10, 1969.

Judgment

The following circumstances, i.e., the Plaintiff received the instant shares from the Defendant B by gifting the instant shares by the Plaintiff, i.e., the Plaintiff: (a) received the instant shares from the Defendant B;

Around June 10, 1949, Defendant C’s age was below seven years of age, and ② Defendant C’s 1/2 portion of the land owned by Defendant B among the land owned by Defendant D was completed the registration of transfer due to sale on May 20, 1973 pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 197) pursuant to the former Act on Special Measures for the Registration, etc. of Real Estate Ownership (Act No. 3094, Dec. 31, 197), and ③ the witness G’s testimony that seems to conform to the Plaintiff’s assertion was made with the content and donation of the fact-finding certificate (Evidence No. 11) in the name of G submitted by the Plaintiff