소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s respective real estate listed in the separate list of the Plaintiff’s assertion (hereinafter “each of the instant real estate”), and the individual real estate is owned by the Plaintiff’s husband C (Death on December 10, 2013) and registered in title with the Defendant as the owner of the network D (Death on May 25, 2004) who is the father of the Plaintiff’s husband C (Death on December 10, 201). The Plaintiff married with the deceased C on April 13, 190 and occupied each of the instant real estate jointly with the deceased C or jointly with the intention to own it until now by succession to the said possession. As such, the Defendant is obligated to implement the ownership transfer registration procedure for each of the instant real estate to the Plaintiff on April 12, 2010.
2. In the judgment on the acquisition by prescription of possession of real estate, whether or not the possessor’s possession is the possession with the intention of possession, or with the intention of possession without the intention of possession, shall not be determined by the internal deliberation of the possessor, but by all circumstances related to the nature of the source of right or the possession, the external and objective possession should be determined;
(See Supreme Court en banc Decision 95Da28625 delivered on August 21, 1997, etc.). In full view of the following circumstances, each of the real estate in this case cannot be deemed as the property under title trust to the defendant as the owner of the original network D, and even if the plaintiff occupied each of the real estate in this case with the network C, or succeeded to the possession of the network D and network C with the knowledge that the owner of each of the real estate in this case was the defendant, and thus, the plaintiff occupied it without the title to acquire the ownership, since it constitutes the possession of the real estate in this case without the title to acquire the ownership.