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(영문) 광주지방법원 2018.07.06 2017나59368

소유권이전등기

Text

1. Revocation of the first instance judgment.

2. The Defendant shall have one-fifths of one-five shares among the 205 square meters in Seoul, J, K, L, and M, Jeonnam-gun, Jeonnam-gun.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. The Plaintiff’s mother, the Plaintiff’s mother, purchased from F on October 2, 1984 the 393 square meters of land in Jeonnam-gun Ean-gun (hereinafter “E land”). From F, I purchased the part of land partitioned into C large 205m2 (hereinafter “instant land”) among G G land prior to the adjacent subdivision 926m2 (hereinafter “former G land”).

D, from October 2, 1984 to 20 years after possession of the land of this case in peace and public performance with the intention to own the land of this case, D had a claim for ownership transfer registration on the ground of completion of the prescription period for possession of the land of this case against the defendant.

Therefore, with respect to the portion of 1/5 that is one’s own share, the Plaintiff shall directly file a claim for the registration of ownership transfer with the Defendant, and with respect to each share of 1/5 of the remaining inheritors, the Plaintiff shall exercise the right to claim the registration of ownership transfer for the remaining inheritors as preserved right by subrogation of the rest of inheritors

B. (1) In light of the following circumstances, it is recognized that D’s possession of the instant land was commenced around October 2, 1984, in light of the facts and macroscopic evidence prior to the completion of the prescription period for the possession of the instant land, and the following circumstances, which reveal the overall purport of the pleadings, as to the entries and images of evidence Nos. 11, 12, 14, 17 through 22, and 26, which are known by adding the overall purport of the pleadings to the aforementioned facts and macroscopic evidence, the following circumstances, the current status of the use of the instant land, access roads, surrounding land conditions, and the details of changes in the address of D and their families, D at least shall have the domicile at least the south-do Nung-gun.