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(영문) 청주지방법원 2018.04.11 2017나14551

소유권확인

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) On January 15, 198, the Plaintiff entered into a sales contract with AS with respect to 2,291 square meters prior to the Cheongbuk-gun AT, and completed the registration of ownership transfer under the name of Cheongju District Court No. 2706, Jan. 16, 1988. 2) The Plaintiff cultivated each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) adjacent to the said AX real estate purchased as above.

B. According to the Gu’s land cadastre, B stated that on October 20, 1912, AX river AX-gun, Chungcheongbuk-gun (the real estate indicated in the attached Tables 1 and 2 before the division) the circumstances were recorded, and part of the said real estate was divided into a AY river 446 square meters on April 3, 2012, and L was entered into an assessment on October 20, 1912, with regard to a river 202 square meters (the real estate indicated in the attached Tables 3 and 4 before the division) of the said real estate, and part of the said real estate was divided into B river 115 square meters on April 3, 2012. < Amended by Presidential Decree No. 23728, Apr. 3, 2012>

C. On January 16, 2008, the Plaintiff filed a lawsuit claiming the transfer of ownership (Cheongju District Court 2012Da11488, 2015dan10709, 2016Gadan105039) against B and L’s inheritors who were the owners of each of the instant real estate and won each of the instant real estate by filing a lawsuit claiming the transfer of ownership on the grounds of the completion of the prescription for acquisition by possession (Cheongju District Court 2012Da11488, 2015da 10709, 2016Gada 105039). Each of the said judgments became final and conclusive on March 28, 2014 and August 7, 2015

1) On October 1, 2015, after the judgment became final and conclusive, C, AD, and AE was killed by the heir who was the Defendant in the Cheongju District Court 2012Kadan1488, BG, and the Plaintiff was succeeded to the execution clause against BC, etc. on April 25, 2016. (2) Moreover, the heir BH died on November 10, 2014, after the judgment became final and conclusive, and BH died as the heir of BH was succeeded to the execution clause against B, etc. on November 29, 2016. < Amended by Presidential Decree No. 27729, Nov. 10, 2014; Presidential Decree No. 27429, Nov. 29, 2016>

E. Meanwhile, B on the other hand, Jan. 15, 1945, La 1943.