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(영문) 대전지방법원공주지원 2017.11.02 2016가단22423

소유권이전등기

Text

1. Defendant B, C, D, E, I, and J shall be attached to the Plaintiff, among each real estate listed in attached Table 1’s real estate list.

Reasons

1. Basic facts

A. On January 17, 1938, S and T completed the registration of ownership transfer based on sale on January 16, 1938, with respect to 1/2 shares among each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”).

B. S died on February 20, 1971, and T died on March 12, 199, and the inheritance relationship between the Plaintiff and the Defendants due to the death of the network S and T is the co-ownership of the original Defendant.

[Reasons for Recognition: Each entry and the purport of the whole pleadings in Gap evidence Nos. 1, 2, 3, 6, 7, and 8 (including the number of branches): Provided, That with respect to defendant B, C, D, E, I, and J, a confession made under Article 150 (3) and (1) of the Civil Procedure Act

2. As to each claim against Defendant B, C, D, E, I, and J, the Plaintiff asserted that, around 1945, the Plaintiff was in possession and use of the instant real estate from the deceased T, and that, since around 1969, the Plaintiff donated the instant real estate to the deceased U, and died on February 20, 1971. The deceased on December 18, 2012 while the deceased occupied the instant real estate as the deceased’s will to own the instant real estate from around 1995 with Defendant B, the wife, and the deceased on December 18, 2012. Since the Plaintiff agreed that the deceased’s heir of the deceased U, B, C, and D succeeded to the instant real estate, the Plaintiff was in possession of the instant real estate as the deceased’s intention to inherit it, and thereafter, the Plaintiff was in possession of the deceased’s children and children for whom 2, C, D and S or the deceased’s heir acquired the instant real estate by succession from the deceased’s heir of 2,501.

Defendant B, C, D, E, I, and J are deemed to have led to the Plaintiff’s assertion in accordance with Article 150(3) and (1) of the Civil Procedure Act. As such, Defendant B, C, D, E, I, and J shall acquire by prescription on the instant real estate from January 1, 2015.