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(영문) 광주지방법원목포지원 2016.10.26 2015가단8962

소유권이전등기

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form 1, 2, and 3.0m2, among the 1,170m2 in the 1,170m2 in the former-Naman-gun (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff, as the wife of the network D (the deceased on April 15, 1987; hereinafter “D”) (the wife of the deceased on April 15, 1987; hereinafter “D”), she is the wife of the network E (hereinafter “E”), and the Defendant is the grandchild of the network F (hereinafter “F”) of E’s birth.

나. 원고가 이 사건 변론종결일 현재 이 사건 토지 지상에 있는 미등기의 이 사건 주택에 거주하고, 한편 C 토지 중 별지 도면 표시 ㅂ1, ㅅ1, ㅇ1, ㅈ1, ㅊ1, ㅋ1, ㅌ1, ㅋ, ㅌ, ㅍ, ㅎ, ㄱ1, ㄴ1, ㄷ1, ㄹ1, ㅂ1의 각 점을 차례로 연결한 선내 (나) 부분 토지(이하 이를 ‘나머지 토지’라 한다) 지상 주택에 피고의 모(母) H이 거주하는 주택이 위치하고 있다.

C. As of October 16, 1924 with respect to the entire land, including the instant land, the registration of ownership transfer was completed in the name of deceased I (E, F and siblings). On June 27, 1985, the registration of ownership transfer was completed in the name of G on January 10, 1970. On February 1, 2008, the registration of ownership transfer was completed in the name of the Defendant on December 27, 2007 under the name of the Defendant on December 27, 2007.

[Ground for recognition] A’s absence of a partial dispute, the entries or images of evidence Nos. 1-1, 2, 4, 5, 9, 13, and 15’s evidence, the result of the appraisal by the Korea Appraisal and Information Corporation (as of April 26, 2016), the purport of the entire pleadings

2. Determination as to the claim on the principal lawsuit

A. As to the cause of the claim, the possessor is presumed to possess in good faith, peace, and public performance (Article 197(1) of the Civil Act). The possessor is presumed to have continued to possess in good faith, peace, and public performance (Article 198 of the Civil Act), and the possessor’s successor may also assert in good faith, peace, and public performance (Article 197(1) of the Civil Act).

(Article 199(1) of the Civil Act. In addition, if the registrant continues to be the same during the period of acquisition, where the starting point of the acquisition is located, the completion of the acquisition by prescription may be claimed.