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(영문) 대구지방법원 2017.03.29 2016나9856

소유권이전등기

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1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total costs of the lawsuit.

Reasons

1. Basic facts

A. F (G on the register: G) around January 19, 1938, completed the registration of ownership transfer with respect to the instant real estate.

B. The Defendants completed the registration of ownership transfer based on inheritance on September 27, 2007, No. 12959, which was received on September 27, 2007, based on the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500).

C. The Plaintiff’s father He (Death on March 13, 1991) resided in the Department of Young-gun, Young-gun, Chungcheongnam-gun, and changed to the “Lri” on February 16, 1982, and transferred to M on February 16, 1982.

On the other hand, on September 22, 1975, the Plaintiff transferred to the JJ of Young-gu, Chungcheongnam-gu, Seoul, but transferred the same military NN on December 12, 1979.

The deceased H and the plaintiff did not have resided in the Ori after they moved to each Kdong as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion F sold the instant real estate to a person who was not the name of the deceased, and thereafter, P purchased the instant real estate before the sale. The Plaintiff’s father He purchased the instant real estate from P around 1960, around 1960.

The net H had cultivated the instant real estate and died on March 2, 1991, and the Plaintiff, which was able to do so, has been occupying the instant real estate in a peaceful and public manner with the intention of possession so far.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on March 2, 201, which was 20 years from March 2, 1991 to March 2, 201, with respect to each of the instant real estates, to the Plaintiff.

3. Determination

A. A person who asserts the prescriptive acquisition must prove that he/she has occupied it. However, it is not necessary to directly assert and prove the fact that he/she has continuously occupied it for twenty (20) years since the fact that he/she has continuously occupied it in accordance with Article 198 of the Civil Act is presumed legally. However, the fact that he/she has occupied it at a specified point and at

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