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(영문) 대구지방법원영덕지원 2016.04.05 2014가단333

소유권이전등록

Text

1. The Defendants shall be liable to the Plaintiffs regarding each of the pertinent shares listed in the separate sheet No. 1, 988 square meters among the 98 square meters of the V, Ulsan-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The registration relationship of the instant real estate 1) W around April 5, 1937, W is 988 square meters prior to Ulsan-gun, Ulsan-do (hereinafter “instant real estate”) (hereinafter “instant real estate”).

(2) In completing the registration of ownership transfer concerning the instant real estate, the said registration entered “W” and the said address as the owner on the said registry, respectively. However, around 1937, WW (W, 1901), other than W (W, 1901), who had a domicile in the Y, was living in the same Dong and Dong, did not have W (W, 1901), and W (W), who was the owner of the instant real estate, died at around 57 years of age, and W (W) who had a domicile in the said Y died around February 10, 1956.

C) Since February 10, 1956, W, who had a domicile in Y, died and succeeded to W’s property solely. Since then, the Defendants succeeded to the property in succession order and succeeded as shown in the separate sheet No. 1. B. A from around 1969, occupied and managed W’s property by collecting large trees from the instant real estate.

2) A had died on November 10, 2014 while the instant lawsuit was pending, and children, including the Plaintiffs, inherited A’s property according to their respective shares of 1/8. However, among inheritors, A and AB transferred one-eight shares of each of the claims for ownership transfer registration with respect to the instant real estate to the Plaintiff C, and the Plaintiffs hold the same as the shares listed in the separate sheet No. 2. [Grounds for Recognition] in the absence of any dispute, A1 through 12 evidence (each of the items included in the separate numbers, the response of fact-finding with respect to the head of Jin-gun AC of this court, the results of the response of fact-finding with respect to each of the items of AC of the witnesses, AD and E,

2. The possessor of the cause of the claim is presumed to have occupied in good faith, peace, and public performance with his/her own will (Article 197(1) of the Civil Act). In calculating the period of prescriptive acquisition, the starting date of the commencement of the possession shall be determined at his/her own discretion, but if the owner is not changed, the starting date of the commencement of the possession shall not be determined at his/her own discretion, but if there is no change in the owner, it shall be confirmed only