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(영문) 대구지방법원 2017.11.01 2016가단132175

소유권이전등기

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1. The Defendants’ respective shares in the pertinent inheritance in the attached Form No. 264 square meters prior to Daegu Northern-gu, respectively, to the Plaintiff.

Reasons

1. The fact of recognition was 264 square meters prior to W in Daegu North-gu (hereinafter “instant real estate”) and the network X and the network Y shared 1/2 shares from June 8, 1930.

The Z occupied the instant real estate without completing the registration of ownership transfer after purchasing it from the network X and the network Y at the designated date. On April 17, 1997, the real estate of this case and the building on the land of this case sold in KRW 330,000,000 to the Plaintiff.

After purchasing the instant real estate on April 17, 197, the Plaintiff cultivated crops by taking possession of it, and paid property tax on the instant real estate.

On March 10, 1959 and September 30, 1970, the network X and the network Y died, and the matters concerning the final heir and his shares of inheritance are as shown in the attached Form.

[Ground of recognition] Defendants B, C, D, and E: Each entry (including the number of pages) in Gap evidence 1 to 18, and the whole purport of the pleading as to the remainder of the defendants: Confession

2. According to the above facts, the plaintiff purchased the real estate of this case from Z on April 17, 197, and possessed it from that time.

The plaintiff is presumed to have occupied the real estate of this case in a peaceful and public performance with the intention of possession in accordance with Article 197(1) of the Civil Act. As such, the plaintiff acquired the real estate of this case by prescription on April 17, 1997 after 20 years from April 17, 197.

Therefore, the Defendants, the heir of the network X and the network Y, are obligated to implement the registration procedure for ownership transfer on April 17, 1997 with respect to each of the corresponding inheritance shares listed in the separate sheet among the instant real property.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.