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(영문) 전주지방법원 2017.12.01 2017나1618

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Plaintiff’s assertion

As a matter of choice, the Plaintiff’s attached D (hereinafter “the Plaintiff’s attached”) occupied from around July 16, 198 to acquire by prescription the land of this case for at least 20 years prior to the death on July 16, 1989, 175 square meters and C 1,230 square meters (hereinafter “each land of this case”).

Therefore, according to the division of inherited property, the defendant is obligated to perform the procedure for the transfer registration of ownership on December 31, 1968 to the plaintiff who becomes the sole heir of the deceased as to each of the land of this case upon the division of inherited property.

② The Deceased acquired ownership after receiving a share of each of the instant lands around 1948 and completing reimbursement around 1959. As such, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the completion of reimbursement around 1959 on the Plaintiff who was the sole heir of the Deceased’s own heir of each of the instant lands following the division of inherited property.

In fact, the Plaintiff’s father, who was the Plaintiff’s father, distributed 338 square meters of the 917th E before the division, and completed reimbursement from around 1948 to 1959.

On December 10, 1954, the previous 3,031 square meters (917 square meters) was divided into 1,117 square meters (338 square meters; hereinafter “E land after division”) prior to E, B, 175 square meters (53 square meters), B, 1,230 square meters prior to C, and 509 square meters prior to G.

The Deceased cultivated each of the instant lands adjacent to E after subdivision from around July 16, 1989 to around July 16, 1989, which began to redeem the said land distributed. After the Deceased’s death, the Plaintiff occupied and managed each of the instant lands.

Among the particulars of taxation of the aggregate land tax in 190 and 1992, it is written that the land E after the division is made on July 27, 1961 for land E, and that each deceased acquired on August 17, 1963 for land C.

Around 192, the deceased’s heirs, upon the death of the deceased, agreed on the division of inherited property that the Plaintiff inherited on their own with respect to each land of this case.

On the other hand, E.