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(영문) 광주지방법원 2018.11.30 2017가단514161

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The land in Gwangju-gu, Gwangju-gu, a land before subdivision, was divided into five lots (L or M) around October 1970. Of the divided land, the NJ 397 square meters (hereinafter “Plaintiff 1”) completed the registration of transfer of ownership as of October 28, 1970 each of the real estate listed in the separate sheet (hereinafter “instant land”) which is the only passage leading to the above land by O, P 446 square meters (hereinafter “Plaintiff 2”) and by Defendant J (former Q) and J, R, and S, as of October 28, 1970.

B. On April 22, 1987, Plaintiff A purchased Plaintiff A’s land and ground buildings of this case fromO and completed the registration of ownership transfer on April 23, 1987.

C. With respect to the Plaintiff 2’s land in this case, around 1982, the registration of transfer of ownership was completed on April 2, 1985 with respect to the sale of the land to T on the grounds of sale to U on April 2, 1985, on the grounds of sale to V on June 1, 1989, on the grounds of sale to W on January 10, 1991, on April 17, 1997.

The O died on April 8, 1989, and the defendant I is the wife of theO, and the defendant C, D, E, F, G, and H are the children of theO.

E. Since the acquisition date of the Plaintiff 1 and 2’s land ownership, the Plaintiffs occupied and used the instant land along with the owner of the land X and M in Dong-gu, Gwangju, Dong-gu, as traffic routes.

[Reasons for Recognition] Each entry of Gap evidence 1 to 8, 11 to 14 (including branch numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since October 28, 1970, 1970, O, the former occupant of Plaintiff A’s land of this case, occupied and used the land of this case as a passage route. The Plaintiff succeeded to the O’s possession, and occupied and used it in peace and public performance with the intention to own until now, and as an ombudsman acquired 1/4 shares of this case from April 22, 1987, 2007, when 20 years have elapsed since April 21, 2007.