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(영문) 창원지방법원 2016.01.26 2015가단1423

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The instant real estate was owned by the Plaintiff and the Defendants, as well as the network H, which is the father or father of the Plaintiff, and was found to be the State when investigating forests and fields, which were the Japanese colonial rule.

B. Since September 14, 1931, the instant real estate was transferred to I, and around September 6, 1980, Nonparty J made a registration of ownership preservation under Act No. 3094. However, on February 18, 1983, J completed the registration of ownership transfer to the Plaintiff, Nonparty K, and Defendant B as one-third shares, respectively.

C. The Plaintiff created an orchard in part of the instant real estate, thereby forming a fruit farm.

On the other hand, after the death of November 2, 2015 during the proceeding, K succeeded to K according to each share of inheritance by Defendant C, D, E, and F, and taken over the proceedings of this case.

[Ground for recognition: Unsatisfy, Gap evidence 1 through 3 (if there is a satisfy number, including a branch number).

hereinafter the same shall apply.

) Evidence Nos. 12, 13, Eul's Evidence Nos. 1 to 3, Eul's Evidence Nos. 1 to 3, Eul's Witness's Testimony and the purport of the whole pleadings]

2. Determination as to the claim

A. The Plaintiff’s primary assertion 1) is the Plaintiff’s primary father’s ownership of the instant real estate. However, only the registration was made under the name of Plaintiff, Defendant B, and Nonparty K, and the Plaintiff died, and the Plaintiff occupied the ownership transfer registration for the instant real estate by peace and public performance from February 18, 1983 to 20 years, and the Defendants are obliged to implement the procedure for ownership transfer registration on the ground of the completion of the acquisition by prescription on February 18, 2003 with respect to each ownership share of the instant real estate. 2) Preliminary assertion was completed on March 31, 2010, since the Plaintiff created an orchard from 190 to occupy the Plaintiff’s peace and public performance with the intention to own for 20 years. The Defendants acquired the ownership share for each ownership of the instant real estate as an orchard on March 31, 2010.