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(영문) 대구지방법원 2017.02.16 2016나306984

소유권이전등기

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. At present, the registration of transfer of ownership of 1/3 shares in Non-Party N, the networkO, and the Defendant L, respectively, was completed with respect to 2 information on forest land M in Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “instant real estate”).

B. The Plaintiff, among the 2 information on the forest land in the Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnamcheon-do, occupied and occupied a farming house while holding the part 1,226 square meters in the ship (b) connected each point in sequence with each point of the attached drawing Nos. 1, 38, 39, 40, 41, 42, 43, 44, 45, 46, 33, 34, 35, 36, 37, and 1 (hereinafter “instant occupied part”).

C. N died on January 23, 1979, and as of the date of the closing of the instant argument, his inheritors were Defendant B, C, D, E, F, G, and H, and their respective inheritance shares were 60/576, 11/576, 11/576, 44/576, 44/576, 44/576, 11/576, 11/576, 11/576, and 11/576.

O The deceased on September 20, 1973. As of the date of the closing of the argument in this case, his inheritors are Defendant I, J, and K, and each inheritance share is 1/18, 3/18, 2/18.

[Ground of recognition] Facts without dispute, Gap evidence No. 1 (including paper numbers; hereinafter the same shall apply), the result of the appraisal commission to the director of the Korea Land Information Corporation by the court of first instance, the result of the fact inquiry about X-Eup and Y pages of the court of first instance, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff purchased the portion of possession of the instant real estate from Nonparty U, the actual owner of the instant real estate on December 12, 1988, and developed it through discussions and occupied it in a peaceful and public manner with intent to own until now. As such, the Defendants are obliged to implement the procedure for the registration of ownership transfer on December 31, 2008 for the completion of the prescriptive acquisition.

B. The Plaintiff did not purchase the part of the possession of the instant case from U, and occupied without permission, without permission, the Plaintiff’s possession is the possession of the instant land, since it was well aware that there was no legal act or any other legal requirement that could cause the acquisition of land ownership at the time of the commencement of possession of the instant part of possession.

Even if the Plaintiff had been U.S.