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(영문) 청주지방법원 2016.06.22 2013가단157497
소유권확인
Text

1. The plaintiff's action against the defendant is dismissed.

2. The plaintiff's remainder except the defendant Republic of Korea.

Reasons

1. On March 1, 1912, U (the death of December 14, 1967) was assessed on the basis of a basic fact, and the land in this case is unregistered for the present time, the Plaintiff’s attachment was five (the death of May 15, 1991) and W (the death of November 25, 1983) are recognized by the entries in Gap evidence 1 through 3, Gap evidence 2 and 3.

2. Determination as to the claim for ownership transfer registration against the remaining Defendants except Defendant Republic of Korea

A. The plaintiff asserts that W signed a sales contract with U on April 9, 1958 to purchase the land of this case. Thus, the defendants, the sole heir of U, asserting that W, are obligated to implement the procedure for ownership transfer registration on the land of this case, and W, from April 9, 1958 to November 25, 1983, Eul, the plaintiff of W, the plaintiff, had been cultivated from that time until W, and the plaintiff thereafter occupied the land of this case until W, and therefore, the defendants, the sole heir of U, have the duty to implement the procedure for ownership transfer registration on the ground of completion of the prescription for ownership transfer registration on the land of this case, and W, from April 9, 1958 to November 25, 193.

As to the primary argument, there is no evidence to acknowledge that W purchased the land of this case from U on April 9, 1958. Thus, this part of the plaintiff's assertion is without merit without having to examine the remainder of the issue.

As to the preliminary assertion, W, for at least 20 years, occupied the instant land while cultivating it.

not less than 20 years in total, V occupied the instant land while cultivating it.

In addition, the Plaintiff occupied the instant land by combining or independently cultivating W, V, or V possession for at least 20 years.

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