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(영문) 부산지방법원 2021.01.28 2019가단341627

소유권이전등기

Text

1. As to the portion of 4/10 shares to Plaintiff A among the area of 13 square meters in Busan Dong-gu, Busan, the Defendant shall share 3/10 shares to Plaintiff B and C, respectively.

Reasons

1. Facts of recognition;

A. On August 7, 199, the deceased E (hereinafter “the deceased”) completed the registration of transfer of ownership on the ground of sale on July 6, 1999, with respect to the manufacturing group G wood and apap 14 square meters in the size of 14 square meters in total in the building, the manufacturing group of G in the Dong-gu Busan (hereinafter “the plaintiffs’ land”) and the building in the ground.

B. On November 28, 1970, the Defendant completed the registration of the transfer of ownership on September 11, 1948 with respect to the land adjacent to the Plaintiffs, which was located on the right-hand side of Busan Dong-gu D, Busan (hereinafter “Defendant land”).

(c)

The instant building was constructed on the right-hand 38 square meters and Defendant’s land (hereinafter “the instant building site”) among the Plaintiffs’ land, on the ground. However, on or around June 26, 2000, the deceased removed the instant building, removed cement packaging work, and used the instant occupied part as a parking lot.

(d)

Since then, when the deceased died on September 14, 2013, the Plaintiffs, who are the deceased’s inheritors, shall consult on the division of inherited property with respect to the real estate of the deceased, with the content that the Plaintiff A succeeds 4/10 shares, 3/10 shares, and 3/10 shares, respectively, and have used the portion of possession in this case as a parking lot until now.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1 through 17 (for each number, including numbers; hereinafter the same shall apply) and images, and the court's factual inquiry into the Busan Southern Branch of the Korea Land Information Corporation, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) As the site of the instant building from July 6, 1999 to June 26, 200, the Plaintiffs comprehensively succeeded to the rights and obligations of the deceased and the deceased’s land as the site of the instant building; from June 26, 2000 to June 26, 2000, occupy the Defendant’s land in peace and public performance for twenty (20) years as to the Defendant’s land.