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(영문) 의정부지방법원 2015.02.06 2014가단113067

소유권이전등기

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1. As to the Plaintiff, Defendant B’s share of 7/10 square meters out of 2205 square meters in Namyang-si, Namyang-si, and Defendant C’s share of 3/10 of the above real estate.

Reasons

1. Facts of recognition;

A. (1) The registration of initial ownership was completed on October 5, 1995 with respect to the land of 2205 square meters (hereinafter “instant land”) in Namyang-si, Namyang-si.

(2) The Defendants filed a lawsuit seeking the cancellation of registration of preservation of ownership of the Republic of Korea with respect to the instant land, etc. by Seoul Central District Court Decision 2012Da173254, and on April 18, 2013, the said court rendered a judgment that: (a) E, the fleet of the Defendants, obtained ownership from the assessment of the instant land; and (b) the Defendants recognized that E is the heir of E; and (c) revoked registration of preservation of ownership in the said Republic of

(3) The Defendants completed registration of preservation of ownership on the instant land on February 26, 2014 in proportion to their inheritance shares, as the said judgment became final and conclusive.

B. The F is the son G of E, who is the title of the land in question, the land in question, and occupied the farmer's house in the instant land, and the Plaintiff, F's children, before F, before F died on December 2, 1984, occupies the farmer's house in the instant land from the date of the death of F to the date of the death.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 8, Eul evidence 1-1 and Eul evidence 1-2, fact-finding results of this court's fact-finding, witness H's testimony and purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, since the Plaintiff’s father F occupied the land of this case before the Plaintiff died on December 2, 1984, and since F’s death, the Plaintiff inherited it to the present day, and occupied the land of this case, it is presumed that the Plaintiff’s possession of the land of this case has been continued until now since the commencement of the deceased F’s possession on or before December 2, 1984, and this is a peace and public performance with the intention of ownership.