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(영문) 대구지방법원 2019.06.27 2018가단116733

소유권이전등기

Text

1. The Defendant is based on the completion of the acquisition by prescription on January 1, 2015, with respect to the Daegu Dong-gu Do-gu 119 square meters.

Reasons

1. Facts of recognition;

A. On November 20, 1910, the land cadastre of Daegu Dong-gu, Daegu-gu (hereinafter “instant land”) which is unregistered land, indicated as the assessment by the Defendant (B) on November 20, 1910, but there is no other personal information, such as the Defendant’s address or date of birth.

B. The Plaintiff’s father, father E (hereinafter “the deceased”) purchased the instant real estate from B in around 1962, and from F, the instant real estate from Daegu Dong-gu, Daegu-gu, Daegu-gu (hereinafter “the instant adjoining land”) adjacent to the instant real estate and cultivated it into a dry field on December 2, 2005. The Plaintiff succeeded to the deceased and was cultivated from the instant land and its adjoining land so far after the death of the deceased.

C. On July 7, 2008, the deceased’s successors, including the Plaintiff, agreed on the division of inherited property to solely inherit the instant land and its neighboring land.

1) The Plaintiff filed a lawsuit against F to file a claim for ownership transfer registration on the instant adjoining land (Seoul District Court 2008Kadan68613), and the said court rendered a judgment that accepted the Plaintiff’s claim on November 25, 2008. (2) The Plaintiff filed a lawsuit against F to seek confirmation that the instant land was owned by the Defendant ( Daegu District Court 2017Kadan129831), and the said court rendered a judgment that accepted the Plaintiff’s claim on March 27, 2018.

E. On March 26, 2019, the Plaintiff filed an application with the Daegu District Court for a judgment on appointment of an administrator of an absentee as the Defendant’s estate administrator. On March 26, 2019, the said court rendered a judgment on appointment of a lawyer C as the Defendant’s estate administrator.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the deceased shall be from 1962 to 1962, and the plaintiff shall succeed to the deceased, and it shall be peaceful and peaceful as to the land of this case from December 2, 2005 to December 2.