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(영문) 대구지방법원 2015.01.07 2014나302766

소유권이전등기

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1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked;

2. All claims filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit.

Reasons

1. The following facts may be found either as a matter of dispute between the parties or as a whole in the statements and images set forth in Gap-1, 2, 4, and 11 (including each number if any):

F On September 17, 1960, F indicated as above in the Nam-gu L field 137 square meters (in the registry, however, on June 13, 1963, the land category was changed to “road”; on January 22, 2009, Qua road 27 square meters is divided and indicated as “road”; and on January 22, 2009, the registration register on the above Qua road 27 square meters is not opened. In addition, according to the Plaintiff’s purport of claim, F acquired ownership on L 137 square meters and Q 27 square meters as to the land of this case (hereinafter “instant land”).

B. The instant land is currently used as a road offered to the general public for traffic.

C. The F died on April 23, 1967, and the Defendants inherited their property in succession and owned shares such as the indication of the inheritance shares in attached Form 2 with respect to the land in this case.

2. The parties' assertion

A. On June 13, 1963, the Plaintiff asserted that the land category of the instant land was changed to a road, and opened a road by lawful expropriation from F, the former owner of the instant land, and thereafter, the Plaintiff offered it to the general public for traffic and occupied it in a peaceful and public manner with its own intent.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the completion of the prescriptive acquisition on June 13, 1983 as to each of the instant land, for which 20 years have elapsed since the date of the Plaintiff’s possession of the instant land, as to the respective shares indicated in the attached inheritance 2 among the instant land

B. The plaintiff's assertion by the defendants is occupying and using the land of this case without permission without permission. The defendants cannot respond to the plaintiff's claim, and the plaintiff is the defendants' land of this case.