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(영문) 광주지방법원 2016.04.05 2015가단4738

소유권이전등기

Text

1. As to the Plaintiff, Defendant D, E, F, and G with respect to the Plaintiff’s share of 610 square meters in Jeonyang-gun H, Jeonyang-gun, and one half of the shares in Defendant B, respectively.

Reasons

1. Following the facts of recognition may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap's 1 to 6, 8, 10, 12 to 14, Gap's 7-1 to 13, Gap's 9-1 to 8, and Gap's 11-1 to 5.

C and I completed the registration of ownership transfer on December 31, 1974 with respect to one half of 610 square meters (hereinafter “the instant real estate”) among the Hayang-gun, Jeonyang-gun, Seoul, for sale on the 24th day of the same month.

B. On April 15, 1992, the Plaintiff purchased the instant real estate from K, a representative of the J door to which C and I belong, and thereafter occupied the instant real estate by using the warehouse, installing fences, planting lost trees, etc. from around that time.

C. On December 3, 2010, Defendant B, one of the children of I, completed the registration of ownership transfer on the ground of donation on November 25, 201 of the instant real estate.

C died on January 10, 2006, and Defendant D, E, F, and G jointly inherited the property of Defendant D, E, F, and G.

2. Determination

A. On April 15, 1992, the Plaintiff purchased the instant real estate from the J door, and thereafter possessed it from that time to that time is recognized as seen earlier. In such a case, possession is presumed to have been carried out in peace and public performance with the intent of possession. As such, the Plaintiff acquired the instant real estate by prescription on April 15, 2012 after the lapse of 20 years from April 15, 1992, when possession was commenced by the Plaintiff.

I would like to say.

Therefore, the Defendants, barring special circumstances, are obligated to implement the registration procedure for ownership transfer on April 15, 2012 with respect to the instant real estate to the Plaintiff on the ground of the completion of acquisition by prescription.

B. (1) The above defendant, first of all, did not allow I and C to donate or sell the real estate of this case in the form of J. Thus, the plaintiff's possession of the real estate of this case purchased from K, the representative of J literature, is a bad faith possession.