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(영문) 전주지방법원 2017.01.25 2015가단20423

소유권이전등기

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1. The Defendants are written on the list of final inheritance shares in the attached Form with respect to the Plaintiff with respect to the size of 6146 square meters prior to V in Jinan-gun, Chungcheongnam-gun,

Reasons

1. Determination on the cause of the claim

A. 1) Facts of recognition are as follows: (a) 6146 square meters (hereinafter “instant land”) prior to V in the Jinanando-gun, Jinandong-gun, North

(2) The Defendants, in the name of the deceased W, sold the instant land to X at any time it was not verified, and X donated the instant land to the Plaintiff at any time it was not verified. (2) The Defendants succeeded to the deceasedW according to the inheritance shares listed in the item of the final inheritance shares in attached Form 2.

3) 원고는 늦어도 1995. 6. 19. 이전부터 이 사건 변론종결일까지 이 사건 토지를 점유하고 있다. [인정근거] ◎ 피고 D, R, S, T, U : 다툼 없는 사실, 갑 제1 내지 7호증(가지번호 포함 의 각 기재, 증인 Y의 증언, 변론 전체의 취지 ◎ 위 피고들 외 나머지 피고들 : 민사소송법 제150조 제3항에 따른 자백간주

B. It is presumed that the possessor, in accordance with Article 197 of the Civil Act, has occupied by his/her own intent in a peaceful and public performance.

According to the facts of recognition of Paragraph 1 and the above provisions, it can be recognized that the period of prescription for the Plaintiff’s possession of the instant land has expired on June 19, 2015, and it is insufficient to reverse the period of prescription for the Plaintiff’s possession of the instant land with evidence Nos. 1 and 2 (including paper numbers).

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on June 19, 2015 with respect to the land of this case to the Plaintiff on the grounds of the completion of acquisition by prescription on June 19, 2015.

2. Conclusion, the plaintiff's claim of this case against the defendants is justified, and all of them are accepted.