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(영문) 광주지방법원순천지원 2016.01.13 2015가단75432

소유권이전등기

Text

1. The Plaintiff, among each real estate listed in the separate sheet,

A. As to the shares of Defendant B, C, D, E, F, G, and H, 9/973, respectively,

Reasons

1. Basic facts

A. On August 31, 1971, the real estate indicated in the text (hereinafter “instant real estate”) was designated as part of the route of the motorway No. 3 (Seoul-Secheoncheon) by the Presidential Decree No. 5770 on August 31, 197, and the decision on May 4, 1972 was publicly announced by the Ministry of Construction and Transportation No. 162, and was incorporated into the said motorway.

B. The deceased I acquired the ownership of the instant real estate on July 29, 1972, and the defendant A acquired 40/139 shares of the instant real estate from I on August 22, 1972.

C. The passenger-owned group entrusted by the Plaintiff (which became the post YI) accepted the instant real estate, and completed compensation to I and the Defendant A, and the Plaintiff, after executing the said national expressway construction, announced the commencement of road use on November 10, 1973, and offered it to the general public from November 14, 1973, has been occupied and used as part of the national expressway until now.

On the other hand, as I died on December 20, 1980, I inherited I's property at the rate of 1/7 shares of each of the 1/7 shares of Defendant B, C, D, E, E, F, G, and H.

[Based on the recognition] Defendant F and A: Each entry in the evidence Nos. 1 through 6 (including the identification card numbered), and the remainder of the purport of the entire pleadings: deemed confession

2. According to the above facts of recognition, the plaintiff acquired the real estate of this case by prescription on November 14, 1993 after the lapse of twenty years from November 14, 1973 from the commencement of possession of the real estate of this case. Thus, among the real estate of this case, the plaintiff, defendant B, C, D, E, F, G, and H are obligated to perform the registration procedure for transfer of ownership on the ground of the prescriptive acquisition of each of the above dates as to the 99/973 shares (=9/139 x 1/7) among the real estate of this case.

3. In conclusion, the plaintiff's claim against the defendants is justified.