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(영문) 부산지방법원 2017.05.18 2015가단243442

소유권이전등기절차이행

Text

1. The Defendant completed the period of extinctive prescription on March 31, 2012 with respect to the share of 4/21 in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

(1) C produced the Defendant on April 1, 1973 while living together with D (E on September 9, 1960).

D. The registration of ownership transfer in the name of D was completed on June 25, 1984 with respect to the housing indicated in the attached list (hereinafter “the instant housing”). On the same day, the registration of mortgage creation was completed on the basis of the maximum debt amount of 7.5 million won, which is the Housing and Commercial Bank of Korea, the mortgagee, and D paid monthly housing installments in the Korea Housing and Commercial Bank for twenty years from July 25, 1984.

Secondly, C requested the Plaintiff, a son, to transfer the ownership of the instant house, to repay the loan borrowed previously, to pay the said house installments, and to pay various public charges related to the instant house.

x. Upon C’s request, the Plaintiff was in possession of the housing installment certificate issued in the name of Korea Housing and Commercial Bank under D, and paid the housing installment by July 25, 2004, which is the maturity of the housing installment. The Plaintiff resided with his family members in the instant house and paid taxes, such as various public charges and property taxes, such as management expenses.

From March 31, 1992, the Plaintiff and his family members filed a move-in report on the instant house from March 31, 1992, and F, the Plaintiff’s father and wife, made a move-in report on the instant house by the end of December 2016.

(v)D died on July 1, 1985, and C died in around 1987.

D Property of D was inherited by G (resident's inheritance), H (Marriage married to October 18, 1983), and I (son's children) born between the Defendant, D and E (Death on September 4, 2001).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3 through 13 (including the number with each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, at least the Plaintiff started possession of the instant housing from March 31, 1992, which was reported by the Plaintiff to move-in the resident registration of the instant housing, and the possessor is presumed to have occupied the instant housing in a peaceful and public performance manner according to Article 197 of the Civil Act.