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(영문) 부산지방법원 2018.01.10 2016나5853

소유권이전등기

Text

1.The judgment of the first instance shall be modified as follows:

2. The Defendant (Appointeds) and the designated parties shall be Busan.

Reasons

1. Basic facts

A. On September 4, 1913, the networkO was unregistered land (hereinafter “instant land”) of Gangseo-gu, Busan (hereinafter “instant land”) and KRW 149 square meters (hereinafter “instant land”).

(2) The Plaintiff is currently occupying and using the attached appraisal of the instant land as a warehouse (hereinafter “the instant warehouse”) in the custody of the 135 square meters in total (B), and (c) of the portion in the instant land (hereinafter “the Plaintiff’s possession of the instant land”), which connects each point of the No. 16, 17, 4, 5, 6, 7, 8, 9, 22, 21, 20, 19, 18, 13, 14, 15, and 16.

B. The inheritance relationship between the deceased and the deceased (Death on August 10, 1980) was 1) The deceased P and the deceased (Death on September 24, 1987) had a child of the deceased Q and the deceased (Marriage on November 20, 1948). 2) The deceased Q and the deceased (Death on June 20, 1983) had a child between the deceased S and the deceased (the appointed party; hereinafter "the defendant") B, the appointed party E (Marriage on March 30, 1984), I (Marriage on September 1, 1983), F, G, J, and H.

3) The net R (Death on July 14, 1997) succeeded to the property of the networkO, such as the corresponding final inheritance share in the attached Form No. 11, between the deceased T (Death on January 7, 2007) and the Defendant C, Selection K, L, M (Name U), M (Name U), and the designated parties.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3, Eul evidence 1 and Eul evidence 1 (including paper numbers), the court of the first instance's Busan Gangseo-gu Vdong, each fact inquiry reply to the same Gu Wdong, the result of the appraisal of the appraiser AE by the court of the first instance, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. In full view of the evidence adopted earlier, evidence No. 7, evidence No. 7, witness AF, and witness evidence and the purport of the entire testimony and arguments of AG, the Plaintiff’s father began to possess the part of the Plaintiff’s possession of the instant land from February 10, 1980, and the Plaintiff succeeded to the possession of AH from June 1, 1980, which newly constructed the warehouse on the part of the Plaintiff’s possession of the instant land to the present day.