beta
(영문) 창원지방법원밀양지원 2020.06.10 2019가단12413

소유권이전등기

Text

1. As to the Plaintiff’s portion of 192 square meters in Sinnam-do, Defendant B’s portion of 7/49 square meters, and Defendant C’s share of 2/49.

Reasons

1. In full view of the respective entries and arguments in Gap evidence Nos. 1 and 4 (including paper numbers) as to defendant B, it is acknowledged that the plaintiff occupied the land indicated in the order of Eul from March 10, 1973. According to Article 197(1) of the Civil Act, the possessor is presumed to have occupied the land in good faith, peace, and public performance with his own will. Thus, the plaintiff's acquisition by prescription as to the land of this case was completed on March 10, 1993 after the lapse of 20 years from March 10, 1973.

Therefore, Defendant B, the inheritor of E, is obligated to implement the registration procedure for ownership transfer on March 10, 1993 with respect to the share of 7/49, one’s own inheritance shares of the above land, to the Plaintiff on March 10, 1993.

2. Judgment by deeming the confession of judgment against Defendant C (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. Conclusion, the Plaintiff’s claim against the Defendants is justified and acceptable.