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(영문) 대구지방법원 2019.10.02 2019나306848

소유권이전등기

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1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal are assessed against the Defendants.

3...

Reasons

1. As stated in the instant lawsuit, the Plaintiffs filed for the registration of transfer of ownership on the ground of the completion of the prescriptive acquisition as of April 10, 207 by subrogation of the co-defendant C of the first instance trial on April 10, 207, and filed for the registration of transfer of ownership on the ground of the purchase and sale as of June 2, 201, and with respect to the above D, on the ground of the purchase and sale as of May 25, 2015, the Plaintiff filed for the registration of transfer of ownership on the ground of the purchase and sale as of May 25, 2015.

The first instance court rendered a judgment citing all the claims of the above plaintiffs, and the above C and D did not appeal, and only the defendants appealed.

Therefore, the scope of this court's trial is limited to the part against the defendants, namely, the part of the claim for ownership transfer registration due to the completion of prescription.

2. Basic facts

A. On July 15, 1975, Dong K completed the registration of ownership transfer on the housing site of 521 square meters of Daegu Suwon-gu L (hereinafter “instant housing site”) due to the inheritance of Australia on January 10, 1959. On April 10, 1987, Dong K completed the registration of ownership transfer on the housing site of this case as to the single-story housing, warehouse, etc. (hereinafter “instant housing site”).

B. On December 8, 2003, the deceased K’s wife completed the registration of ownership transfer due to inheritance by agreement and division dated September 21, 2003.

D purchased the instant housing site and housing from C on June 2, 201, and the Plaintiffs purchased the instant housing site and housing from D on May 25, 2015, and completed the registration of ownership transfer as to each 1/2 shares on July 3, 2015.

C. The deceased K also owned J 501 square meters in Daegu-gu, Daegu-gu, which contacted the instant housing site (hereinafter “instant land”). On October 11, 1973, the deceased K is one of his private village residents on the same day.