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(영문) 창원지방법원 2017.04.27 2016나56780

소유권이전등기

Text

1. As to each of the shares of 10/66 against Defendant B, Nonparty N, G, and H among the lawsuits against Defendant Republic of Korea, Defendant C, Defendant D, and Defendant D.

Reasons

1. Basic facts

A. G. 79m2 (hereinafter “instant real estate”) in Kimhae-si was the property originally reverted to the State.

B. On January 31, 1955, Nonparty J entered into a real estate sale contract for the instant real estate between the Defendant and the Republic of Korea, and on April 1, 1957, issued a certificate of sale of real estate devolving upon the Defendant’s payment of the purchase price under the said sale contract from the Republic of Korea.

C. The J did not complete the registration of ownership transfer of the instant land until six years have passed since the Civil Act (No. 471 of February 22, 1958) came into force, and Defendant Republic of Korea completed the registration of ownership transfer on September 11, 1948 with respect to the instant real estate on November 26, 1970.

The J died on October 30, 1974, and his spouse died on November 2, 1974, and on August 16, 2015, the deceased on August 16, 2015. The deceased’s inherited property of the deceasedJ eventually became inherited by Defendant B, Defendant C, Defendant D, Defendant E (hereinafter the above Defendants’ heir), and Nonparty N, G, and H, who are children of the deceased U, in succession as indicated in the separate sheet.

【Ground of recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1, 4, 5, 8 through 11, Eul’s evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the result of each inquiry and inquiry into the V Eup Resident Center of the court of first instance, the purport of the entire pleadings.

2. Determination as to the claim against the defendant's inheritors

A. On November 17, 1965, K, the Defendant’s argument of the Plaintiff, began to possess the instant real estate as its owner’s intent after purchasing it from J on November 17, 1965, and on November 18, 1985, the period of prescription for acquisition of possession of the instant real estate has expired.

On January 8, 2006, K died, and on the ground of the completion of the period of prescription for the acquisition of possession of the real estate in this case by the deceased K succeeded to the Plaintiff and Nonparty O, P, Q, R, and S as the heir of the deceased K, according to their respective inheritance shares (1/6 shares).

Therefore, the net J.S. order.

참조조문