소유권이전등기
The Plaintiff’s respective claims against the Defendant (Appointed Party) B, the designated parties, and Defendant C are dismissed in entirety.
The costs of lawsuit.
1. Basic facts
A. On June 14, 1990, the Plaintiff completed the registration of transfer of ownership on the ground of sale on the name of the Plaintiff on June 6, 1990, with respect to the Fluan-Gun, Jeonnam-do (hereinafter “the adjoining land of this case”) which was owned by the deceased E (the “the deceased”) and was located, and completed the registration of transfer of ownership on the ground of cement bricks, bricks, slabs, and one-storys of the adjoining land of this case (hereinafter “the adjoining building of this case”). On August 24, 1991, the Plaintiff completed the registration of transfer of ownership under the name of the Plaintiff as to the adjoining building of this case.
B. Thereafter, on June 2, 2000, the Plaintiff completed the registration of ownership transfer on the ground of donation on May 31, 2000 to G with respect to the land adjacent to this case and its neighboring buildings.
C. Meanwhile, on June 27, 1981, the registration of preservation of ownership was completed in the name of the deceased on June 27, 1981 with respect to the D Cemetery 489 square meters adjacent to the neighboring land of the instant case (hereinafter “instant land”).
As the inheritor of the deceased, there are the deceased’s heir H, the deceased’s wife H, the Defendant (Appointed Party B), the designated parties, and Defendant C.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 and 3 (including each number in case of additional evidence) and the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion concluded a contract with the Deceased on June 6, 1990 to purchase the instant land along with the land adjacent to the instant case used as an access road to the instant adjacent land. As such, the Defendants, the deceased’s heir, are obligated to implement the procedure for ownership transfer registration for the shares inherited from the deceased on June 6, 1990 for each of the instant land.
In addition, the Plaintiff has occupied the land of this case, which is an access to the land adjacent to the instant case, for 30 years or more in peace and public performance with the intent to own the land, and the Defendants are on the ground of the completion of the prescription for possession of each ownership (the shares inherited from the deceased) of the instant land.