소유권이전등기
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. As to the instant land owned by the Defendant’s father I, on January 6, 200, the registration of transfer of ownership was made based on the Defendant’s mother’s “Inheritance by consultation and division on May 12, 1999,” and on May 13, 2008, on May 13, 2008, the registration of transfer of ownership was made based on the Defendant’s name “donation by agreement and division.”
B. The deceased K (hereinafter “the deceased”) died on October 25, 1991, and the Plaintiffs are the inheritors of the deceased.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 4
2. The assertion and judgment
A. The summary of the plaintiffs' assertion 1) On August 31, 1978, the deceased between the deceased and the deceased I on August 31, 1978, 50 square meters of the land of this case owned by the deceased I (hereinafter "the sales contract of this case").
After the conclusion of the contract, the deceased started possession of the grave after installing it, and after the deceased died, the plaintiffs succeeded to possession of the grave and occupied it. Accordingly, the prescription period for the plaintiffs' possession of the land subject to the grave has expired on September 1, 1998. Thus, the defendant who succeeded from the deceased I had the duty to register the land subject to the grave from the deceased I due to the completion of the prescription period for the acquisition of possession as of September 1, 1998.2) At first, the defendant who succeeded to the registration obligation under the contract of this case from the deceased I is obligated to implement the registration procedure for the transfer of ownership as to shares of 1/6 of each of the land subject to the grave to the plaintiffs.
B. 1) The possessor cannot set up against the third party when the transfer registration of ownership of the real estate has been completed to the third party, even though the period of prescription for the acquisition by possession of the real estate has expired. On the other hand, one of the successors is the owner.