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(영문) 대구지방법원 2019.07.25 2018가단106521
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. On November 25, 1911, the land cadastre concerning 4,182 square meters, which is unregistered land (hereinafter “instant land”). On November 25, 1911, G having an address in “F of the Gyeongbuk-do, Chungcheongnam-do, Chungcheongnam-do.” According to the above land cadastre, the ownership transfer registration was made to H on November 16, 1912, and the ownership transfer registration was made to I on November 16, 1914.

B. I (hereinafter “the deceased”) died on November 26, 1964, and the wifeJ died on March 14, 1998, and I’s children have the network K, net L (the birth in 1929, the network M, the network N,O, the network P (the birth in 1940, the 1942), net Q (the birth in 1928, the 1929), the network Q (the death in 1929), the network R (the deceased in 1929), the deceased on November 26, 1964, and the deceased on March 14, 199, and the Defendant C (the deceased on July 31, 1962).

C. The heir of the deceased is identical to the entry in the calculation table of the shares in inheritance in the attached Form (2) (the defendant D is the heir's husband who died on October 18, 1980), and the specific shares of the heir, including the defendants, are as shown in the final shares in the attached Form (1).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 48 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Deceased, who is the Plaintiff’s father, succeeded to the land of this case from the deceased G, who was the father of this case, and thereafter, the Deceased donated the land of this case to 3 South and North Korea on May 1962 to the deceased, and on April 20, 1993, the deceased donated the land of this case to the Plaintiff, who is a woman around the deceased, around April 20, 1993. (2) The Plaintiff, who was donated the land of this case from the deceased T, was occupying the land of this case from the deceased T, to the present time, and occupied it in peace and openly

3. On April 21, 2013, the statute of limitations for the Plaintiff’s possession of the instant land, which was donated by the deceased T, was completed on April 20, 1993, and as such, the Defendants, the inheritor of the deceased, are obliged to take the procedure for the registration of ownership transfer based on the prescriptive acquisition as to their inheritance shares.

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