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(영문) 창원지방법원통영지원 2015.04.28 2014가단4988

소유권이전등기

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1. The Defendants are the respective shares indicated in the separate sheet of inheritance shares in the sum of the 714 square meters in the annexed sheet of inheritance among the 714 square meters in the name of Gosung-gun, Sejong-do.

Reasons

1. Facts of recognition;

A. G was registered as the owner of the land cadastre with respect to the FY 714m2 (hereinafter “instant land”) in Gyeongnam-do, Gosung-gun, G, but was owned without completing the registration of preservation of ownership.

B. G died on May 8, 1986, and wife H and Australia’s heir C succeeded to 6/21 of the inherited property, each of which is 6/21 of the inherited property, Defendant B, a woman, succeeded to 1/21 of the inherited property, Defendant D, and E of the inherited property, respectively.

C. H died on April 20, 198, and Defendant B, a woman, inherited 1/13 of the inherited property, and 4/13 of the inherited property of Defendant C, D, and E, a child, inherited 4/13 of the inherited property.

On the other hand, H leased the land to I after the completion of the land rearrangement on February 17, 1988, and caused I to cultivate it.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleadings.

2. The parties' assertion and judgment

A. According to the statements in Gap evidence No. 5 (including the paper number), the witness J's testimony and the purport of the whole pleadings as to the cause of the claim, it is acknowledged that the plaintiff cultivated the land of this case from the end of December 1989 to occupy it in a peaceful and openly for not less than 20 years. The plaintiff is presumed to have occupied the land of this case as the owner's intention. The plaintiff acquired the land of this case on December 31, 2009 after 20 years from the commencement date of occupation without any special circumstance. The defendants are liable to implement the procedure for the registration of ownership transfer on the ground of prescriptive acquisition with respect to the share in the aggregate of the inheritance shares in the annexed sheet among the above land.

B. The Defendants asserted that the Plaintiff purchased the instant land from Defendant C, but concluded a sales contract without confirming the power of attorney of Defendant C or without confirming whether Defendant C, a part of the inheritor, has the right to sell the said land.