beta
(영문) 의정부지방법원고양지원 2016.11.09 2015가합75926

소유권이전등기

Text

1. Defendant C, D, F, G, H, and I fall under each category of shares listed in the separate sheet among each land listed in the separate sheet to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant C, D, F, G, H, and I

A. Of the grounds for the attachment of the claim, the description against the above Defendants is identical.

(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against the defendant B, E, and J

A. On December 31, 1986, the Plaintiff was donated each parcel of land listed in the separate sheet from the deceased KK on December 31, 1986. As such, Defendant B, E, and J, the heir of the deceased K, are obligated to implement the procedure for ownership transfer registration on December 31, 1986 with respect to each of the pertinent inheritance shares in each of the land listed in the separate sheet, but it is not sufficient to acknowledge the above assertion merely by the statement in the evidence No. 6, and there is no other evidence to acknowledge it. Thus, the primary claim is without merit.

B. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 6 (including the number of each branch number for preliminary claim) as to the conjunctive claim, the plaintiff is occupying each land listed in the separate sheet as shown in the attached sheet as of Mar. 21, 1987, and K succeeds to the property of the wife, the defendant C (child) who is the defendant B, the South-North Korean children, the defendant C (child), D, E, the plaintiff and M, the deceased on Feb. 12, 2009, and succeeded to the property of the deceased Eul, the non-party N's children on Feb. 12, 2009, the fact that the deceased on Jan. 26, 2011 inherited the property of the wife, and that M succeeded to the property of the defendant F, children of the wife, the defendant G, the defendant G, the H, the H, the He's inheritance share, the inheritance share of the deceased, and the pertinent list of the shares in the attached sheet as to the inherited property.

As seen earlier, the Plaintiff occupied each land listed in the separate sheet from March 21, 1987, and as such, the autonomy and reputation of possession is presumed to have been performed in accordance with Article 197(1) of the Civil Act. Thus, the statute of limitations for the acquisition of possession on March 21, 2007 after the lapse of 20 years from the Plaintiff’s commencement of possession of each of the above land.

Therefore, Defendant B, E, and J are attached to the Plaintiff.