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(영문) 청주지방법원충주지원 2019.09.27 2019가단1346

소유권이전등기

Text

1. Defendant C, Defendant B, D, E, F, and G are 4/56 shares of each of the 5,035 square meters of each of the 5,035 square meters of L in Chungcheongnam-si, Defendant H, I, J, and K, respectively. 1/56.

Reasons

Description of Claim

On February 14, 1942, the network M and network N completed the registration of ownership transfer relating to each 1/2 of the lands listed in the order.

The name prior to the name of the deceased M isO, and the O's heir is the Defendants.

The inheritors of the O, including the Defendants, made an agreement on the division of inherited property to the effect that Defendant C owns the instant land solely.

From October 1952 to the present date, Defendant C acquired 1/2 shares out of the present land by prescription on December 31, 2005, as it occupied the instant land in a peaceful and public manner with the intention to own it, with a view to owning it in the instant land.

Defendant C sold 1/2 of the instant land to the Plaintiff on August 10, 2007.

Therefore, the remaining Defendants, except Defendant C, are obligated to implement the procedure for ownership transfer registration on the ground of the completion of the acquisition by prescription on December 31, 2005, upon the Plaintiff’s request filed the instant lawsuit on behalf of the Defendant C by subrogation. Defendant C is obligated to implement the procedure for ownership transfer registration on one-half of the instant land according to the above sales contract.

2. Judgment deeming confession (Defendant 1-3, 5-10) and judgment by service (Defendant 4) (Article 208(3)2 and 3 of the Civil Procedure Act)