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(영문) 광주지방법원 목포지원 2018.05.02 2017가단52307

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 following registration of ownership transfer was completed with respect to the land of 3,412 square meters (hereinafter “instant land”) owned by the Plaintiff and the Defendant, Non-Party D (Death on September 15, 1948), Jeonnam-do, Chungcheongnam-do, Jeonnam-do, Seoul-do (hereinafter “instant land”).

The registered title holder’s registration date of June 29, 1972: (a) donations made on February 23, 1984 from the trading F on June 29, 1984 on December 23, 1974 on October 19, 1994, from May 28, 2001 to the Defendant on May 25, 2001, from May 28, 2001, on May 2001, 2005 to the Defendant on December 28, 2004

B. The Plaintiff’s attached H (Death on June 6, 201) and the Plaintiff occupied and cultivated approximately KRW 450 (a) parts of the instant land (hereinafter “instant occupied parts”) that successively connected each point of Section 1, 2, 3, 4, 5, and 1 among the instant land for up to a hundred and fifty years.

[Grounds for Recognition: Facts without dispute, Gap 1-3 evidence, Gap 5 evidence, Eul 1-5 evidence (including each number), the purport of the whole pleadings]

2. Determination:

A. The plaintiff's assertion that the deceased I (the deceased on April 1, 1981) succeeded to the possession on April 1, 1981 by inheritance of the deceased H on or before the commencement of the possession with the intention to own the portion of the instant land donated from the deceased D before 1948. The plaintiff succeeded to the possession on or after June 6, 201. The plaintiff succeeded to the possession again on or after the inheritance on or before June 6, 201, and the owner has continuously occupied the instant occupied portion. The deceased I and the deceased occupied the instant occupied portion for at least 20 years and completed each acquisition, but the registrant changed the registration of ownership transfer on or after December 19, 194, G transferred the ownership transfer to the plaintiff on or after the lapse of 20 years from the acquisition date to December 19, 1994, the defendant completed the acquisition date again on or after the expiration of the acquisition date on or after the expiration of the acquisition date.

(b) the judgment net H has existed before April 1, 1981, and