소유권보존등기말소 등 청구
1. The part against the plaintiffs in the judgment of the first instance is revoked.
2. All plaintiffs' claims are dismissed.
3...
1. Basic facts
A. The former land cadastre concerning the instant land is indicated as the transfer of the ownership of the instant land on March 18, 1932 by G, after G received an assessment of the instant land in 1912, by H’s influence and I’s respective transfer of the ownership of the said land.
B. E cultivated the instant land from around the day from the from the beginning of the date, and around February 27, 1964, F, who was a child, married and became divided. F, around that time, occupied and used the instant land.
C. On November 14, 2013, the Defendant completed the registration of initial ownership on the instant land by the Changwon District Court’s Branch Branch, the receipt No. 23612.
The F died on March 8, 2016, and Plaintiff A, the wife of F, succeeded to 3/9, Plaintiff B, Plaintiff C, and D, respectively.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including additional evidence; hereinafter the same shall apply), witness K of the first instance trial, the purport of the whole pleadings
2. The parties' assertion
A. Since February 27, 1964, the Plaintiff’s assertion F, who donated the instant land from his father E, continued possession of the instant land in peace and public performance for at least twenty (20) years from February 27, 1984, and the prescription period for possession was completed on February 27, 1984. The Plaintiffs, as the heir of F, died on March 8, 2016, succeeded to the claim for ownership transfer registration following the completion of F’s prescription for possession by inheritance shares.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the ground of the completion of the prescription period with respect to the plaintiffs' shares in inheritance among the land of this case.
B. The Defendant’s argument that E occupied the instant land without purchasing it from I, the former owner, and that F, upon being aware of the fact that E did not purchase the instant land, occupied the instant land, and that F, upon being aware of the fact that E did not purchase the instant land, constitutes an occupation with bad faith, since F’s occupation is occupied with bad faith without permission.
3. Determination on the completion of prescriptive acquisition
A. Relevant legal principles.