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(영문) 전주지방법원남원지원 2016.11.09 2016가단10736
소유권이전등기
Text

1. The Defendant’s acquisition by prescription on July 4, 2015 on the real estate stated in the attached list to the Plaintiff is due to the completion of the acquisition by prescription.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Net C (hereinafter “the deceased”).

(2) On December 22, 1976, the sales contract was to purchase 7 lots of land, including D and E, and F-ground housing (hereinafter “instant sales contract”) to purchase 4.7 million won in the purchase price.

(2) On June 21, 200, the instant land was divided into the real estate listed in the separate sheet (hereinafter “instant land”) on June 21, 200 after the instant sales contract was concluded, and the instant land was divided into the real estate listed in the separate sheet (hereinafter “instant land”).

3) The deceased continued to cultivate the instant land since around 1980, which was after the conclusion of the instant sales contract, and died on July 3, 2005, and the Plaintiff, his son, succeeded to the deceased’s possession, and cultivated the instant land after installing a vinyl house on the ground of the instant land up to the present day. 4) On the other hand, the transfer registration of ownership in the deceased’s name was completed on December 19, 1970 on the instant land. As the deceased on December 26, 2003, the transfer registration of ownership was completed on December 28, 2006 on the land by agreement and division.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, witness I's testimony and the purport of whole pleadings

B. The judgment of the deceased is based on the following: (a) the registration titleholder is the same until the time after the registration of ownership transfer in the deceased H was completed before the deceased begins; and (b) the registration titleholder is deemed to be the same (the defendant is the heir of the deceased H, and thus the registration titleholder is not deemed changed even if the registration of ownership transfer is completed as the defendant's heir falls under the general successor); and (c) the plaintiff who succeeded to the deceased's possession as the heir of the deceased shall be the starting point of acquisition by prescription after the deceased commenced possession.

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