소유권이전등기
1. Revocation of a judgment of the first instance;
2. The Defendant shall, on March 1, 2007, acquire by prescription on March 1, 2007, the Plaintiff with respect to 5,534 square meters prior to C in Chungcheongnam-si.
1. The following facts may be found either as a dispute between the parties or as a whole in each entry in Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply).
The land of this case (hereinafter “instant land”) was assessed on July 3, 1914 by the network D (Death March 27, 1939) prior to Chungcheongnam-si, Chungcheongnam-si. The Defendant completed the registration of ownership preservation (hereinafter “registration of ownership preservation”) in the Defendant’s name in accordance with the former Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (amended by Act No. 8080, Dec. 26, 2006; hereinafter “Special Measures Act”) on May 15, 2006.
B. The net N, as a form of D’s punishment, was in the Republic of Korea, Live P (Death around 1974) and Q (Death on October 5, 1963). The Plaintiff was in the south of Q’s net R (Death on May 26, 2009). The Plaintiff was in the south of Q’s AB (Death on May 26, 2009) and the Defendant was in the south of P’s R2 (Death on or around 1988).
C. The heir of R has the wife, the Plaintiff, V, W, X, X, Y, T, U, and Z, which is the wife, and all other inheritors except the Plaintiff transferred the share of the right to the land of this case to the Plaintiff.
2. Determination on the defense prior to the merits
A. The Defendant’s summary of the instant lawsuit ought to be dismissed on the grounds that the instant lawsuit is identical to that of the Cheongju District Court Decision 2007Da2247, 207Kadan11371 (Intervention), or that the instant lawsuit is identical to that of the 2009Kadan6731 (Intervention) or that of the same court.
B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 8 and 9, Cheongju District Court Decision 2007Da2247, 2007Kadan11371 (Intervention): Cheongju District Court Decision 2009Na5637, 2009Na5644 (Intervention): Supreme Court Decision 2010Da102465, 2010Da102472 (Intervention)) and Cheongju District Court Decision 2009Ga6731 (Appellate Court: Cheongju District Court 2010Na1945); Supreme Court Decision 2010Da102359) and the subject matter of lawsuit in the case under the name of the defendant.