beta
(영문) 대구지방법원상주지원 2019.10.16 2018가단7770

소유권이전등기

Text

1. Part 1 of the attached Table 6, 3, 4, 5, and 6, among the area of 278 square meters in a permanent place at D, are connected in order to each point.

Reasons

1. Facts of recognition;

A. The deceased E, the husband of Defendant C, completed the registration of ownership transfer based on the sale on December 16, 1947, with respect to D 278 square meters (hereinafter “instant land”) at the time of resident registration around January 20, 1948.

E died on June 9, 1997.

B. As to the instant land, around April 9, 2018, the registration of ownership transfer was completed in the name of Defendant C on the grounds of inheritance due to a consultation and division as of June 9, 1997, and the registration of ownership transfer was completed in the name of Defendant B on the same day, as of March 29, 2018.

(hereinafter “instant transfer registration”). C.

Meanwhile, since the 1950s, the Plaintiff’s father F occupied and cultivated a part of 166 square meters of land in the attached sheet No. 6, 3, 4, 5, and 6 among the land in this case (hereinafter “instant land”). After the death of F, the Plaintiff, a son, has been cultivated following the death of F.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, and 8, and the result of the survey and appraisal by the resident offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. Claim against Defendant C

A. The Plaintiff, upon the F’s death, has been donated with a private donation to all the rights to the dispute land of this case, and the Plaintiff, upon the F’s death, has independently and openly occupied the land of this case with its intent to own it.

Therefore, Defendant C is obligated to implement the registration procedure for transfer of ownership on June 9, 2017, when 20 years have elapsed since the date of death of E with respect to the land in the instant dispute to the Plaintiff.

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act, Defendant C did not submit a written response to the instant case, and Defendant C did not state the purport that the Plaintiff’s claim is contested, although he was present on the third date for pleading);

3. Claim against the defendant B

A. 1 The gist of the parties’ assertion is the Plaintiff’s land F and B’s father.