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(영문) 부산지방법원 2017.09.14 2017나41832

소유권이전등기

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 20, 1971, the Defendant completed the registration of transfer of ownership on each of the lands listed in the separate sheet No. 1 (hereinafter referred to as “instant land”) on September 11, 1948, with respect to each of the lands listed in the separate sheet No. 1 (hereinafter referred to as “each of the instant lands”) as “each of the instant lands.”

B. On the other hand, on the land of this case No. 1, the building on the top of a flat brightness roof (hereinafter “the building of this case”) was constructed (it is stated that it was newly constructed around 1932 on the rooftop registry).

C. As G died on May 8, 2005, the Plaintiffs, their children, jointly inherited the G’s property by one sixth of each share.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. The assertion G acquired each of the instant lands on September 30, 1982 by prescription on October 1, 1962 by purchasing each of the instant lands and the instant buildings from H, which had been operated by the seeds for not less than 20 years from the instant building, and continuously occupying them in peace and openly and openly with intent to own them from that time.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the completion of the above prescription with respect to the plaintiffs' respective inheritance shares among each land of this case to the co-inheritors of G.

B. Determination 1 as to whether the possessor’s possession is an intention of possession or an intention of possession without the intention of possession is not determined by the internal deliberation of the possessor, but by the nature of the title that caused the acquisition of possession or by all circumstances related to the possession, the possessor must be determined externally and objectively. Thus, it is proved that the possessor acquired the possession on the basis of the title that the possessor does not have the intention of ownership due to its nature, or that the possessor acquired the possession on the basis of the title that the possessor appears to have no intention of ownership, exclusive as