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(영문) 대전지방법원천안지원 2015.06.23 2014가단111241

소유권이전등기

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1. The defendants are listed in the attached Table 2 of the "Shares of inheritance" among the 2,377 square meters of the 2,377 square meters in Yong-gu, Chungcheongnam-gu, Seoul.

Reasons

1. The facts stated in the separate sheet No. 1, No. 1, No. 2, and No. 4 in the case of the plaintiffs and the defendants I, J, and K may be acknowledged by considering the overall purport of the pleadings as a whole among the testimony of the witnesses and the parties' personal examination of the defendant S. The remaining defendants except the plaintiff and the above defendants have led to each confession pursuant to Article 150 of the Civil Procedure Act.

2. According to the above facts of determination as to the cause of the claim, Defendant F, G, H, I, J,K, and Defendant S, who succeeded to the deceased M, N,O, P, Q, R, and the deceased W, are obligated to perform the registration procedure for transfer of ownership on April 6, 1986 with respect to each of the corresponding shares listed in the “attached Table 2” of the instant real estate to the Plaintiffs who comprehensively succeed to the legal status of the deceased X with respect to their inherited portion by inheritance.

3. Determination as to Defendant I, J, and K’s defense

A. The above Defendants asserted that the statute of limitations defense had expired after the lapse of 10 years from April 6, 1996, when W, V, and Defendant S donated the instant real estate to X on April 6, 1986.

It is clear that 10 years have elapsed since the Defendant S donated the instant land to X, and then the ownership transfer registration was not made until now.

However, the prescription system is a system prescribed in order to maintain social order continuously for a certain period of time and seek relief from the preservation of evidence difficult due to the passage of time, and those who do not exercise their rights on the so-called right is a system to exclude it from legal protection, and even one party, such as delivery, registration, etc. on real estate, a person who exercises his rights on the real estate can be considered as a whole as a locked person on the rights on the real estate.