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(영문) 광주지방법원목포지원 2019.07.24 2018가단5469

소유권이전등기

Text

1. The Defendants are with respect to each of the 1/28 shares inherited from the deceased J among the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of transfer on December 22, 1986 with respect to 3/4 shares of co-owners in the name of K among the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. The registration of transfer has been completed in the name of the Defendants to the network J with respect to the portion of 1/4 of the instant real estate.

C. From September 19, 1976, the Plaintiff occupied the instant real estate in peace and openly, and used it as a graveyard and dry field for the Plaintiff’s parent.

The deceased JJ died on February 18, 1991 and died on November 26, 201.

E. The Defendants were transferred to the deceased J and the above L’s children from the deceased J and L’s heir, and each of the 1/28 shares of the instant real estate was succeeded by the deceased J.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to Gap evidence 4, the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the plaintiff continues to possess and use the real estate of this case from September 19, 1976 to the present date, and the plaintiff is presumed to have occupied the real estate in good faith and in a peaceful and peaceful manner with its own intent pursuant to Article 197(1) of the Civil Act.

On September 19, 1996, the Plaintiff acquired the right to claim for ownership transfer registration on the ground of the completion of the statute of limitations for possession of one-fourth portion of the real property in this case, among the real property in this case, from September 19, 1976.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on September 19, 1996 with respect to each of the 1/28 shares inherited from the deceased J among the instant real property, each of which was completed on September 1996.

3. The plaintiff's claim of this case is with merit and it is so decided as per Disposition.