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(영문) 의정부지방법원 2015.10.30 2015나51198

소유권이전등기

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1. The appeal by the plaintiff (Counterclaim defendant) as to the claim and counterclaim that had been primarily changed in the trial of the party.

Reasons

1. Basic facts

A. Since the registration of ownership preservation was completed on February 17, 1959 in the name of Defendant B, the land remaining in the name of Defendant B until now.

B. A, from the date of the fire, installed a plastic house (hereinafter “the instant plastic house”) on the ground of 84 square meters on the part of (B) part of the instant land connected with each point of 5, 6, 7, 8, 9, and 5 in sequence from among the instant land, and occupied the said part of the said land.

C. Meanwhile, as the N (N) died on July 16, 1983, N (N), on July 30, 1997, and N (N) P (N’s spouse) died on September 1, 2012, and Q (N’s spouse) on May 23, 2013, the designated parties inherited the deceased’s property as indicated in attached Table 1’s inheritance shares sheet, and the Plaintiffs, who were their spouse or children, inherited the deceased’s property as indicated in attached Table 2’s inheritance shares sheet. As the A died on March 5, 2015, the Plaintiffs inherited the deceased’s property as indicated in attached Table 2.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 6, 7, 8, 11, 13, and 18; Gap's statement or video (including each number); the court of the first instance entrusted the measurement and appraisal of the branch offices of the Gyeonggi-do Headquarters of the Korea Intellectual Property Corporation; the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the plaintiffs' claim 1 - The request for ownership transfer registration on the ground of the completion of the prescriptive acquisition period, purchased at KRW 190,00 won from the net N on February 11, 1976, and delivered the land at the same time on February 27, 1976, and thereafter cultivated dry field crops, such as bean, shoulder, pots, and pots, on the land of this case from that time. From the early middle of the 1980s, the land of this case was occupied in peace and openly and openly as its owner’s intention, such as installing the vinyl house on the land of this case and cultivating rice plants by using the mother board. Accordingly, the prescriptive acquisition date on February 28, 196, for which 20 years have passed since the payment and delivery date of the remainder.