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(영문) 창원지방법원밀양지원 2015.11.25 2013가단5024

소유권이전등기

Text

1. The Defendants’ acquisition by prescription on May 23, 2001, with respect to each of the 1/6 shares of H 278 square meters in Ho-gun H 278 square meters.

Reasons

1. According to the statement and image of Gap evidence Nos. 1 and 11 (including the provisional number) as to the cause of the claim, and the witness I’s testimony, since the registration of ownership transfer was completed on April 10, 1938 under the name of the deceased J, the Defendants succeeded to the land of this case from the deceased J in 1/6 shares, and the deceased K resided on October 30, 1964, and died on April 27, 198, while the plaintiff succeeded to the deceased JJ on the land of this case and resided on April 27, 1981, and thereafter the ownership transfer registration was completed on April 10, 1938, and the Plaintiff acquired the entire land of this case and the land of this case.

According to the above facts, it is presumed that the deceased K had occupied the land of this case as the intention to own the land of this case from the time of constructing the building of this case. Since the plaintiff has occupied the land of this case by succession to the network K, it shall be presumed that the deceased K and the plaintiff continued to occupy the land of this case.

Meanwhile, since there is no substantial change in the owner of the instant land, the Plaintiff shall be deemed to have been able to take the voluntary time from the time when the Plaintiff occupied the instant land as the starting point for the period of prescriptive acquisition. Therefore, it is reasonable to deem that the prescriptive acquisition of the instant land was completed on May 23, 2001 after the lapse of 20 years from May 23, 1981, which was the starting point for the voluntary starting point for acquisition.

Therefore, barring any special circumstance, the Defendants are obligated to implement the registration procedure for ownership transfer on May 23, 2001 with respect to each of the instant shares of 1/6 of the instant land to the Plaintiff, barring any special circumstance.

2. Determination as to the Defendants’ assertion