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(영문) 서울남부지방법원 2018.11.27 2018가단230704

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. On April 26, 1962, the registration of the transfer of ownership in the name of the deceased H (Death on October 25, 1972) was completed due to the completion of the repayment on November 26, 1965 by the Seoul Southern Southern District Court received No. 1104 on April 26, 1962.

B. Around 2012, Plaintiff A and the Korea Rail Network Authority filed a lawsuit seeking return of unjust enrichment with the purport that the Defendant and the Korea Rail Network Authority shall return the profits equivalent to the rents obtained by occupying or using the instant land without permission.

(J) The Defendant filed a counterclaim against the Defendant, asserting that he purchased the instant land on January 10, 1958, or acquired the prescription on May 31, 1979, with respect to the instant land, the deceased I and the Plaintiff A filed a counterclaim against the Defendant seeking to implement the procedure for ownership transfer registration.

(2013Kadan151055).

On April 19, 2013, the above court decided to recommend reconciliation that "the plaintiff (the plaintiff A and the network I) shall implement the procedure for the registration of ownership transfer on the land of this case on May 31, 1979 for the completion of the prescription for possession transfer on the ground of the completion of the prescription." The above decision became final and conclusive around that time because the parties did not raise any objection.

(hereinafter referred to as the “decision on the Recommendation for Reconciliation of this case”). The registration of transfer of ownership in the name of the Defendant was completed on November 26, 2013 by the Seoul Southern District Court (Seoul Southern District Court) No. 83531, Nov. 26, 2013.

(hereinafter “instant transfer registration”) D.

The deceased on December 1, 2015, and the deceased on December 1, 2015, and the deceased on December 1, 201 and the deceased on his/her property heir C, D, E, and F.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. The Plaintiffs, although the registration of ownership transfer was completed on the ground of the completion of the statute of limitations for the acquisition of land of this case, since the Defendant’s possession is in bad faith and without intention to own, the Defendant cannot acquire the land of this case by prescription.