logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원마산지원 2016.07.20 2014가단16442
소유권이전등기
Text

1. The defendant shall acquire by prescription on November 23, 1994 with respect to each share of 2/11 of the forest land listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. On February 5, 1917, Nonparty C received the assessment of each forest land listed in the separate sheet (hereinafter “each forest of this case”) and 2 information on the forest land in Masan-si, Masan-si, Masan-si, and completed registration of preservation of ownership in each of them.

B. On August 28, 1936, Nonparty E completed the registration of transfer of ownership on August 25, 1936 with respect to each forest of this case, following Nonparty F.

C. On July 27, 1968, E died on July 27, 1968, and completed the registration of ownership transfer on July 19, 197 with respect to each of the instant woodland on the ground of inheritance on July 19, 1967 by the Defendant (B, 6/13 equity, Australia’s heir), who is a grandchild of the network E, and Non-Party G, and Non-Party H, I (which is presumed to be the shares of 2/13 equity, and unmarried grandchildren), J, K, and L (which is presumed to be shares of 1/13 equity, and separated grandchildren). On the same day, the Defendant completed the registration of ownership transfer on the aggregate of 6/13 equity owned by H, I, J, K, and L due to sale on January 19, 1977.

After that, regarding each forest of this case, the non-party M completed the registration of transfer of ownership on May 31, 197, the non-party N on September 24, 197, the non-party M again on October 26, 1978, and the defendant again on July 13, 1990.

E. On November 23, 1974, Nonparty O, a child of the deceased E and a partner of G, sold each of the instant forests to Nonparty P for KRW 27,000, prepared and delivered a seller’s certificate of sale (Evidence A6) to Nonparty O and Nonparty Q, and received KRW 27,000 on the same day.

F. On August 27, 2001, P died of the Plaintiff, Nonparty S, T, and U, who is the wife as the bereaved family of Nonparty R, children, and the Nonparty S, T, and U.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including additional numbers), witness Q's testimony and the purport of the whole pleadings

2. The original defendant's assertion

A. On November 23, 1974, the Plaintiff purchased each forest of this case on November 23, 1974, and occupied each forest of this case in a peacefully and openly held possession for twenty (20) years thereafter, and acquired each forest of this case on November 24, 1994 by prescription. The Plaintiff solely inherited the network P status, and thus, the Defendant is the deceased.

arrow