beta
(영문) 창원지방법원진주지원 2014.06.27 2012가단12005

소유권말소등기

Text

1. Of the 605 square meters in Flue-gun Flue-gun, Gyeongnam-gun, the respective points indicated in the separate sheet No. 3, 4, 5, 6, 12, 11, 10, and 3 are in order.

Reasons

1. Facts of recognition;

A. On May 10, 1983, the Plaintiff’s mother H (hereinafter “the deceased”) purchased the instant land owned by Nonparty G and did not complete the registration of ownership transfer. From that point of time, the Plaintiff died on July 28, 2006 while occupying the said land. The Plaintiff, as a deceased’s person, succeeded solely to the possession of the instant land by the agreement on the division of inherited property.

B. On the other hand, on September 8, 1986, the above G sold 1,243 square meters and JJ large 51 square meters to the Defendants’ father-K, a land prior to the subdivision of 605 square meters, which was the land of this case, which was the land of this case, which was included in the land of this case. The registration of ownership transfer was completed on September 10, 1986 with the Changwon District Court subordinate registry office as the receipt of No. 9437 on September 10, 1986.

C. The above K died on January 9, 1990, and Defendant B’s wife, the remainder of the Defendants as K, and Defendant B and C inherited the above K’s property according to their respective inheritance shares of 3/10, according to their respective inheritance shares of 2/10.

[Reasons for Recognition] Uncontentious Facts, Gap's statements in Gap's evidence Nos. 1 through 3, 6, 8, 10, 13 through 16 (including each number), appraiser's appraisal result, witness M and N's testimony, the purport of the whole pleadings

2. According to the facts acknowledged before the judgment as to the cause of the claim, the deceased purchased the instant land owned by G on May 10, 1983 and died on July 28, 2006 while the deceased was occupied from that time. The period of possession of the Plaintiff and the deceased, the former occupant, as of May 10, 2003, while the plaintiff succeeded to the possession of the deceased and continued the possession, was 20 years in total. Unless there are special circumstances, the possessor of the real estate is presumed to possess the real estate in good faith, peace and openly and openly (Article 197(1) of the Civil Act). Thus, the Defendants are liable to the Plaintiff for the registration of ownership transfer with respect to each inheritance shares among the instant land as of May 10, 2003 due to the completion of the prescription of possession on May 10, 2003.

3...