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(영문) 청주지방법원 제천지원 2018.06.27 2016가단20905

소유권이전등기

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1. The Defendants shall pay to the Plaintiff each of the corresponding shares in the attached Form 2, among the real estate listed in attached Table 1, attached hereto.

Reasons

1. Basic facts

A. AB died on December 6, 1981.

B. The real estate listed in the [Attachment 1] List No. 1 (hereinafter “instant real estate”) does not have a registry.

On May 3, 1939, the land cadastre of the first real estate in this case stated that ownership has been transferred to AB.

The real estate No. 1 of this case was inherited to the Defendants each corresponding share in the attached Form No. 2.

C. The registration of ownership transfer was completed on April 5, 1939 under the name of AB on May 3, 1939 for the real estate listed in the Attached Table 2 List 2 (hereinafter “instant real estate”) and the registration of ownership transfer was completed on December 8, 2015 under the name of DefendantO on December 6, 1981 due to an inheritance by agreement division as of December 6, 1981.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including serial numbers), and the fact inquiry result of August 24, 2016 at the time of this Court, the purport of the entire pleadings

2. The plaintiff asserts to the purport that since the acquisition by prescription by possession of the real estate Nos. 1 and 2 in each of the 20 years of possession was completed by the intention of possession, the defendants are obligated to perform the procedure as stated in the purport of the claim to the plaintiff.

As to this, the Defendants asserted to the effect that the prescription of possession has not been completed.

3. If the registrant continues to be the same person during the period of judgment on the cause of the claim, it is sufficient to regard the starting point of reckoning the prescriptive acquisition as at the time it is possible to claim the completion of the prescriptive acquisition between places where the starting point is located and determine

(See Supreme Court Decision 97Da8496, 8502 delivered on May 12, 1998. In calculating the period of prescriptive acquisition, the starting date of the commencement of possession can not be chosen at will, but if the owner is not changed, the starting date of the commencement of possession can only be determined at the time when the claim for the completion of prescriptive acquisition can be asserted.

Any possession of the land.