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(영문) 전주지방법원 2016.01.27 2015가단23149

소유권이전등기절차이행

Text

1. The defendant on February 1, 1963 pertaining to one-six shares of each of the 992 square meters of 992 square meters in Kim Jong-si, Kim Jong-si to the plaintiff (Appointed Party) and the designated parties.

Reasons

1. Determination as to the cause of claim

A. The plaintiff (appointed party) and the designated parties (hereinafter "the plaintiff et al.") shared 92 square meters prior to Kim Jong-si (hereinafter "the land in this case") from the defendant, and acquired ownership by completing payment on or around February 20, 1963, the defendant made a registration of ownership transfer on the land in this case on the ground of reversion of right on September 11, 1948. The defendant asserts that the plaintiff et al., the heir of C, is obligated to perform the registration procedure for ownership transfer transfer on the inheritance of 1/6 shares of each of the land in this case.

As to this, the Defendant transferred the land of this case to the Defendant on September 11, 1948 under the Act on the Disposal of Property Belonging to the Sea, etc., and C purchased the land of this case to Japan, which was the former owner on May 26, 1948, not to have received the land of this case from the Defendant, and thus C’s acquisition of ownership of the land of this case is null and void.

In addition, C received the land of this case and completed the reimbursement of the price.

Even if the right to claim for ownership transfer registration is merely a claim right and becomes extinct due to the completion of the ten-year statute of limitations, the defendant asserts that he/she acquired ownership by occupying the land in this case in a peaceful manner with the intention to own it for at least 20 years

B. (1) Each description of Gap evidence Nos. 1 through 5 (including virtual numbers) and the following circumstances acknowledged by the inquiry reply of the National Archives of the National Archives: (i) the land of this case was transferred under Japanese name on April 27, 1932 and there was no change in ownership until August 9, 1945; and (ii) the distribution farmland register concerning the land of this case and the certificate of redemption indicated as follows: (a) the land of this case was distributed 41 square meters in total of 15 square meters in the land of this case from the country of 1950 to E, 96 square meters in the E, and 15 square meters in the F, 28Du29 combined with the redemption amount; (b) the redemption period from March 25, 1950 to December 31, 1954.