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(영문) 대구지방법원 2015.12.17 2015나13254

소유권이전등기

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Q2m2 (hereinafter “instant real estate”) is unregistered real estate, and its land cadastre is registered as R on August 26, 1937.

B. There was registration that R acquired ownership on August 26, 1937, on the land cadastre of 1,286 square meters and 420 square meters in T-river (hereinafter “instant adjoining land”) adjacent to the instant real estate, G was registered as having acquired ownership on August 26, 1937.

C. Pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), U.S. completed the registration of preservation of ownership on the 420 square meters of the 420 square meters of the Gyeong-gun, Sung-gun, Sung-gun, Seo-gun, Seo-gu, Daegu District Court on August 31, 1981 in accordance with Article 20105 of the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502), and completed the registration of preservation of ownership on June 2, 1995 by the same registry office in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate

After U’s death, V, which is his son, completed the respective registration of transfer of ownership as of May 12, 201 with the same registry office with respect to the above S 1,286 square meters on the ground of inheritance by agreement division on April 10, 1997, as of July 9, 2003, and as of the above T 420 square meters on the above T 420 square meters.

E. On September 12, 2012, the Plaintiff purchased the instant real estate and the instant adjacent land from V, and completed the registration of ownership transfer based on sale as the receipt of No. 13633, Sept. 18, 2012, with respect to the instant adjacent land.

F. Since the real estate of this case and the adjoining land of this case were cultivated by W, who is the father of U, the father of U, they continued to cultivate by succeeding to the possession of U, X (U) and V, and after such purchase, the Plaintiff occupies them.

G. The Defendants are the successors or substitute successors of R, and their inheritance shares are as shown in the attached list.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 12, 14, 15, and 17 (including each number, if any).