소유권이전등기
All appeals are dismissed.
The costs of appeal by the plaintiffs are assessed against the defendants.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Judgment on the plaintiffs' grounds of appeal
A. The lower court rejected the Plaintiffs’ preliminary claim seeking the implementation of the registration procedure for transfer of ownership due to the completion of the statute of limitations for the acquisition of ownership with respect to the third and fifth real estate, citing the first instance judgment.
Plaintiffs and L are children of theO.
Since it is difficult to recognize that theO occupied the 3 and 5 real estate from June 7, 1945, the plaintiffs cannot be deemed to have succeeded to the possession of theO.
Even if the plaintiffs occupied L 3 and 5 real estate at the time of January 1, 1996, which was later than 20 years from January 1, 2016, for which they claimed as the completion date of acquisition by prescription, it is deemed that L lost possession from October 2005. Therefore, it is difficult to recognize the fact that L 3 and 5 real estate has been continuously occupied for 20 years.
Therefore, it cannot be said that the plaintiffs, who are heirs of L, acquired the ownership of the third and fifth real estate due to the completion of the prescription of possession.
B. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, or by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the starting point of the acquisition by prescription, presumption of continuance of possession, suspension of possession, burden of proof, principle of pleading
2. Determination on Defendant H’s grounds of appeal
A. The lower court cited the judgment of the first instance court, thereby citing the Plaintiffs’ preliminary claim seeking the implementation of the procedure for registration of ownership transfer due to the completion of the prescription period for the acquisition of real estate Nos. 1, 2, and 4.
L owned the instant building newly built on the 4th real estate before around 1983, and occupied the entire 2,4 real estate as the instant building site.
L is the property tax for the first real estate.