소유권이전등기
1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
1. Basic facts
A. The registration of ownership transfer was completed on October 28, 1938 with respect to the instant real estate.
B. S died on July 19, 1979, and the Defendants are the inheritors of S.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3 and 5 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The reasoning of the court’s explanation concerning this part of the judgment on the main defense is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
3. Judgment on the merits
A. The Plaintiff’s assertion that the Plaintiff’s clan S donated the instant real estate to the Plaintiff before his birth.
From July 19, 1979 when the Plaintiff died, the Plaintiff occupied the instant real estate as the intention to own it, and the acquisition by prescription was completed on July 19, 199 after 20 years from that date.
Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer of the instant real estate for each Defendant’s shares to the Plaintiff.
B. Determination 1) A’s evidence No. 13-1 (Statement) is a statement prepared by the deceased S’s fifth degree of Cho, which is claimed by AB to have engaged in the activities of a clan, such as the network S., that “the network S donated the instant real estate to the Plaintiff before the birth, and has been owned and managed by the Plaintiff thereafter,” or there is no other objective evidence to support this. The said evidence alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to support this. Rather, in light of the following circumstances, the evidence and evidence No. 4 (part, No. 1, No. 3, No. 4, 7, 8, and 9) as well as the evidence No. 1, No. 4 (part, No. 1, No. 4, No. 7, 9, and part of the testimony by the witness of the first instance trial, it is difficult to view that the net S donated real estate
① The Plaintiff asserted that the instant real estate was donated by the deceased S, but at the time of receiving the donation.