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(영문) 대구지방법원경주지원 2017.11.21 2016가단12390

소유권이전등기

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1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The instant land is written as being written by the J on March 20, 1913 (no address is written) on the old land cadastre of the said land as unregistered land.

B. Meanwhile, on the other hand, “L” died on June 1915 (or April 6, 1915), the permanent domicile of which is “K at L,” and according to the family inheritance, the network M (the Defendant’s increase and decrease) inherited the network L.

The deceased on May 193 (Fire 8 and May 193) succeeded to the network M by the deceased N (defendants) according to the family inheritance, and the deceased on October 1946, the network M succeeded to the network N according to the family inheritance.

The networkO died on May 22, 1984, and his wife P died on February 8, 199, and the Defendants succeeded to the networkO as stated in the separate shares of inheritance calculation sheet, and the final shares of inheritance are the same as the “final shares of inheritance” stated in the same Table.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the land of this case was originally acquired under the circumstances of the Defendant’s prior L, which was owned by the Defendants, and the land was inherited as shown in the separate shares of inheritance. The Plaintiff was donated from 1965 up to 1965 to 20 years from that time, and was in possession of the land with intent to own for 20 years or more from that time. Thus, the acquisition by prescription on October 12, 1990, which was the date of the Plaintiff’s death, was completed.

Therefore, the Defendants are liable for the Plaintiff to implement the registration procedure for ownership transfer on October 12, 1990 with respect to each corresponding share in the final inheritance share in the separate sheet for the calculation of inherited portion among the land in this case.

B. First of all, we examine whether the Plaintiff occupied the instant land for 20 years, and the instant land before the Plaintiff died.